Procedures for Ensuring Operation of Communications Networks within the Scope of the Vessel Traffic Monitoring and Data Exchange System

Issued pursuant to
Section 45, Paragraph three of
the Maritime Administration and Marine Safety Law

I. General Provisions

1. This Regulation prescribes the procedures for ensuring operation of communications networks (including the Automatic Identification System (hereinafter - the AIS) and the Long-Range Identification and Tracking System (hereinafter - the LRIT System), within the scope of the Vessel Traffic Monitoring and Data Exchange System (hereinafter - the National SSN System).

2. The National SSN System shall be interoperable with the Maritime Data Exchange System of the European Community (hereinafter - the EC SSN System). The EC SSN System has been established in order to enhance marine safety and navigational efficiency, by increasing the readiness of authorities to react to incidents and accidents at sea (including in the form of search and rescue operations), and to promote the effectiveness of prevention and detection of ship-originated pollution.

3. [28 August 2012]

II. Operation of the Coastal Communications Network of the Automatic Identification System

4. Operations of the AIS coastal communications network shall be ensured by the Navy Coast Guard Service of the Navy Flotilla of the National Armed Forces (hereinafter - Navy Coast Guard Service). The Navy Coast Guard Service shall serve as the Latvian centre for the receipt, storage, exchange and distribution of AIS information.

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5. While handling any AIS data, the Navy Coast Guard Service shall comply with the requirements laid down in regulatory enactments in the field of transport and communications, resolutions A.851(20) General principles for ship reporting systems and ship reporting requirements, including guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine pollutants, A.917(22) Guidelines for the onboard operational use of shipborne automatic identification systems (AIS), A.949(23) Guidelines on places of refuge for ships in need of assistance, A.950(23) Maritime Assistance Services of the International Maritime Organisation (hereinafter - the IMO), as well as recommendations of the International Association of Lighthouse Authorities and provisions of the regulatory enactments issued by the International Hydrographic Organisation.

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6. The Latvian AIS shall provide for data exchange with AIS's of other countries in accordance with this Regulation and international agreements binding on Latvia.

7. The AIS information shall consist of online data and statistical data:

7.1. online data - AIS data of the Helsinki Commission established in 1992 for implementation of the requirements set forth in the Convention on the Protection of the Marine Environment of the Baltic Sea Area (hereinafter - the Helsinki Commission) and Latvian AIS data, as provided for in the regulatory enactments referred to in Paragraph 5 of this Regulation. Latvian AIS data shall be data on vessel traffic within the reach of the Latvian AIS coastal network; and

7.2. statistical data - record keeping, by vessel types, of the maritime traffic in the Baltic Sea, as provided for in the Agreement on Access to AIS Information concluded by the member states of the Helsinki Commission.

8. The Navy Coast Guard Service shall use any AIS online data according to the competence thereof and shall ensure their availability to the following authorities:

8.1. the State Environmental Service;

8.2. the State stock company "Maritime Administration of Latvia" (hereinafter - Maritime Administration of Latvia);

8.3. the service of the master of the port;

8.4. the State Border Guard;

8.5. customs authorities of the State Revenue Service;

8.6. the State Fire and Rescue Service;

8.7. the National Armed Forces;

8.8. international institutions (according to the contracts entered into);

8.9. the Security Police;

8.10. the Transport Accident and Incident Investigation Bureau.

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9. The authorities referred to in Paragraph 8 of this Regulation shall use AIS online data within their competence only. Dissemination of the referred to data to third parties is prohibited.

10. The authorities referred to in Paragraph 8 of this Regulation may send notifications to an individual ship, a group of ships or ships within a certain geographic area, by using the direct connection to the AIS server.

11. The Navy Coast Guard Service shall determine restricted access to AIS online data (data filtering) and shall permit the use of AIS data of the Helsinki Commission and Latvian AIS data to the following users:

11.1. a port authority - regarding vessels entering and leaving the respective port;

11.2. a ship operator, as well as any person authorised to provide information in the name of the ship operator (hereinafter - agent) - regarding ships within the Baltic Sea area serviced by the respective ship operator or Agent;

11.3. a shipowner - regarding the owner's ships within the reach of the AIS coastal communications networks of the member states of the Helsinki Commission.

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12. The users referred to in Paragraph 11 of this Regulation are prohibited from sending notifications to ships via the AIS.

13. The Navy Coast Guard Service shall carry out data exchange with the member states of the Helsinki Commission in accordance with the Agreement on Access to AIS Information concluded by the member states of the Helsinki Commission.

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14. Upon application for the status of a user, the Ministry of Defence, the Ministry of Transport, the Ministry of Environmental Protection and Regional Development, the Ministry of the Interior, the Ministry of Finance and the Ministry of Economics, as well as their subordinate institutions may request from the Navy Coast Guard Service monthly or weekly statistical AIS data.

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III. Operation of the LRIT System

15. The establishment of the LRIT System is provided for in Regulations V/19-1 of the International Convention for the Safety of Life at Sea of 1974 (hereinafter - the SOLAS Convention).

16. The Ministry of Transport shall:

16.1. supervise the implementation and operation of the LRIT System;

16.2. ensure coordination among the members of the LRIT System.

17. The Maritime Administration of Latvia shall:

17.1. provide any information necessary for the IMO data distribution plan and, if necessary, make amendments thereto;

17.2. perform, in co-operation with the Security Police, any measures related to restriction of the dissemination of LRIT System data from Latvian ships to other countries;

17.3. provide the European Union LRIT Data Centre with any information regarding Latvian ships;

17.4. provide to the European Union LRIT Data Centre any information regarding the change of a ship's flag, suspension of service thereof or terminal decommissioning thereof;

17.5. provide shipowners with any information regarding the European Union LRIT Data Centre and the Application Service Provider;

17.6. receive any LRIT System-related information from the European Union LRIT Data Centre.

18. The First Regional Provision Centre of the Logistics Command of the National Armed Forces shall carry out financial settlements with the European Union LRIT Data Centre, as well as issue invoices due for payment by requesters of urgent information for the receipt of LRIT System data. The Navy Coast Guard Service shall:

18.1. establish and maintain infrastructure for the receipt of LRIT System data and perform functions of the national contact point within the scope of the LRIT System;

18.2. submit to the Maritime Administration of Latvia any information required for inclusion in the IMO data distribution plan;

18.3. if necessary, request from the European Union Data Centre any LRIT System-related information used for search and rescue of persons at sea (hereinafter - the SAR information), by indicating the criteria of receipt: geographic area and frequency of receipt;

18.4. determine, upon co-ordination with the Maritime Administration of Latvia, the users of the LRIT System and their rights, as well as the procedures for data requests;

18.5. provide, via the EC SSN System or in another mutually agreed manner, the Ministry of Transport and the Maritime Administration of Latvia with any LRIT System data;

18.6. ensure registration of the requested LRIT System data, by indicating the type, time of receipt and the party requesting such information;

18.7. store the registered requests for LRIT System data for a period of 18 months, until the audit report by the LRIT System coordinator has been approved;

18.8. be entitled to receive the SAR information free of charge.

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19. A shipowner or operator shall:

19.1. ensure that the ship's equipment meets the requirements of the LRIT System;

19.2. enter, on the basis of information provided by the Maritime Administration of Latvia, into an agreement with the Application Service Provider regarding the examination of the conformity of the ship's equipment;

19.3. submit to the Maritime Administration of Latvia a copy of the report issued by the Application Service Provider after completion of the equipment conformity examination;

19.4. in case of a change of the ship's flag or suspension of service, provide the Maritime Administration of Latvia with the following information:

19.4.1. upon registration of the ship with the Latvian Ship Register:

19.4.1.1. name of the ship;

19.4.1.2. IMO identification number;

19.4.1.3. call sign;

19.4.1.4. date and time of the change of flag (using the coordinated universal time (UTC));

19.4.1.5. previous flag of the ship;

19.4.2. upon exclusion of the ship from the Latvian Ship Register:

19.4.2.1. name of the ship;

19.4.2.2. IMO identification number;

19.4.2.3. date and time of the change of flag (using the coordinated universal time (UTC));

19.4.2.4. the ship's new flag;

19.4.3. upon suspension of the ship's service:

19.4.3.1. name of the ship;

19.4.3.2. IMO identification number;

19.4.3.3. date and time of the service suspension (using the coordinated universal time (UTC));

19.5. in the case of a ship's flag change, perform measures, including conformity examination (if necessary), in order for the LRIT System equipment to resume operation under the new flag.

20. The master of the ship shall:

20.1. ensure ongoing operation of the LRIT System equipment;

20.2. notify, without delay, the Navy Coast Guard Service if the ship's LRIT System equipment is switched off or transmission of the LRIT System data is suspended in the following cases:

20.2.1. if international agreements, regulations or standards provide for the protection of navigational information;

20.2.2. in exceptional circumstances if the equipment is temporary switched off with the ship master's decision because the transmission of LRIT information may undermine the ship's safety; or

20.2.3. if the ship is undergoing repair or reconstruction in docs or at a harbour, or it is put out of service (in cold lay-up) for a longer period of time;

20.3. upon the suspension of LRIT-System data transmission, notify the respective national authorities, which are taking measures referred to in Sub-paragraph 20.2.3 of this Regulation;

20.4. make entries regarding the events referred to in Sub-paragraphs 20.2.1, 20.2.2 and 20.2.3 of this Regulation in the ship's log book, specifying the date and time when the transmission of LRIT System data was stopped and resumed, respectively.

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21. Members of the LRIT System shall ensure the confidentiality of the information received and shall protect it, applying authorisation and identification methods, from any unauthorised access.

IV. Maritime Data Exchange in the National SSN System

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22. Maritime data within the meaning of this Regulation are notifications, alerts, the information specified in Annex 1 to this Regulation and information in accordance with the regulatory enactments regulating the operation of the EC SSN system and the National SSN System. The National SSN System shall ensure maritime data exchange.

23. The National SSN System shall involve the following:

23.1. the national competent authority;

23.2. the local competent authorities;

23.3. authorised system users.

24. The Navy Coast Guard Service shall be the national competent authority referred to in Sub-paragraph 23.1 of this Regulation. The Navy Coast Guard Service shall:

24.1. in accordance with the Maritime Administration and Marine Safety Law ensure the operation of the National SSN System and the compatibility thereof with the EC SSN System, as well as other information systems;

24.2. ensure the creation and maintenance of the infrastructure necessary for the carrying out of the functions referred tin Sub-paragraph 24.1 of this Regulation;

24.3. co-operating within the framework of agreements of the European Union or in accordance with the interregional or international projects of the European Union, ensure that the developed information systems and networks conform to the requirements of this Regulation and are compatible with and connected to the EC SSN System;

24.4. ensure the management of the National SSN System, including co-ordination of the operations of system users on the national level and granting of the United Nations Code for Trade and Transport Locations (UN LOCODES);

24.5. ensure the access of the local competent authorities and the authorised system users to the National SSN System in accordance with the access rights specified in this Regulation and other regulatory enactments regulating the use of the National SSN System;

24.6. carry out the functions of the national contact point within the framework of the EC SSN System.

25. The following authorities shall be deemed to be the local competent authorities referred to in Sub-paragraph 23.2 of this Regulation:

25.1. port authority;

25.2. the Maritime Administration of Latvia;

25.3. the State Environmental Service;

25.4. the State Border Guard;

25.5. customs institutions of the State Revenue Service;

25.6. the Food and Veterinary Service;

25.7. the Health Inspectorate;

25.8. the Centre for Disease Prevention and Control;

25.9. the State Fire and Rescue Service;

25.10. the State Police;

25.11. the Security Police;

25.12. the Transport Accident and Incident Investigation Bureau.

26. In order for the officials or employees of local competent authorities to receive access to the National SSN System, the relevant local competent authority shall submit a request to the Navy Coast Guard Service (Annex 2).

27. The following parties may become the authorised system user referred to in Sub-paragraph 23.3 of this Regulation:

27.1. a shipowner, possessor or an authorised person thereof;

27.2. a cargo owner, possessor or an authorised person thereof;

27.3. a commercial company, which provides agency services of ships;

27.4. a commercial company, which provides agency services of cargos;

27.5. a commercial company, which provides other services in the port (for example, ensures cargo transfer and storage, accepts and manages ship-generated waste, ensures the protection of ports and port facilities).

28. In order for a person to become an authorised system user and the employees thereof to be ensured with access to the National SSN System, the person shall:

28.1. submit a request to the Navy Coast Guard Service (Annex 2) and documents, which certify access rights to the National SSN System;

28.2. enter into a contract with the Navy Coast Guard Service regarding the use of the National SSN System.

29. Paragraph 28 of this Regulation shall not apply to one-time users of the National SSN System. Authorisation for a one-time use of the National SSN System may be requested by the master of the ship or the captain of a recreational ship, or an owner by sending a request electronically to the Navy Coast Guard Service in free form if:

29.1. the gross tonnage of the ship is less than 300;

29.2. the length of a fishing vessel is less than 45 metres;

29.3. the length of a traditional vessel is less than 45 metres;

29.4. the length of a recreational vessel is less than 45 metres.

30. The Navy Coast Guard Service shall not assign the status of an authorised system user to a person, if after evaluation of the received request it detects that the person does not have legal or contractual basis for access to the National SSN System.

31. In order to verify whether the request of a commercial company for access to the National SSN System is justified, the Navy Coast Guard Service may request information from port authorities regarding such commercial companies.

32. If a person has become an authorised system user in accordance with Paragraph 28 or 29 of this Regulation, the identifiers and passwords assigned to such person shall be deemed electronic signature and the documents submitted to the National SSN System by such person shall be deemed signed in accordance with the Electronic Documents Law.

33. If an authorised system user does not have grounds for the use of such system anymore (for example, the contract regarding the provision of ship agent services in a port, which has been entered into with the relevant port, has ceased to be in effect), the relevant authorised system user shall, without delay, inform the Navy Coast Guard Service thereof. The Navy Coast Guard Service shall cancel the right to access the system for the relevant authorised system user.

34. If an official or employee of the local competent authority or an employee of the authorised system user, which has been ensured with access to the National SSN System, does not have grounds for the use of such system anymore (for example, service or employment relationship with him or her have been terminated, or also the official or employee has been suspended from fulfilment of the office duties), the local competent authority or the authorised system user shall, without delay, inform the Navy Coast Guard Service thereof. The Navy Coast Guard Service shall cancel the right to access the National SSN System for the relevant person.

35. The amount of access rights of the persons referred to in Paragraph 23 of this Regulation to the National SSN System is specified in Annex 1 to this Regulation and in other regulatory enactments regulating the use of the National SSN System.

36. The National SSN System shall conform to the following conditions:

36.1. maritime data exchange in the system takes place electronically, allowing fast receipt and processing of such data;

36.2. maritime data exchange in the system is ensured 24 hours a day;

36.3. the system ensures automatic data exchange with the competent authorities of other European Union Member States, using the EC SSN System.

37. If a user of the National SSN System does not succeed, after repeated attempts, in submitting data to the National SSN System electronically, the user shall, without delay, inform the Navy Coast Guard Service thereof and shall submit the data by any other mutually agreed and available means of communication (telephone, facsimile, e-mail). After elimination of interferences in the operation of the National SSN System information shall be re-submitted without delay, using the National SSN System, but not later than one day after elimination of interferences in the operation of the National SSN System.

38. A notification regarding elimination of interferences in the operation of the National SSN System shall be provided according to the following procedures:

38.1. if interferences have occurred on the side of the Navy Coast Guard Service, the Navy Coast Guard Service shall, without delay, send a relevant information in the National SSN System to the users thereof;

38.2. if interferences have occurred on the side of the user of the National SSN System, the user shall inform the Navy Coast Guard Service regarding elimination of interferences, sending information in the National SSN System, which had been impossible to send hitherto because of the referred to interferences in the operation of the National SSN System. Information shall be sent in conformity with the one day deadline specified in Paragraph 37 of this Regulation.

38.¹ The submitter of data shall be responsible for timely submission of the maritime data to the National SSN System and the accuracy of the data submitted to the National SSN System in accordance with the procedures specified in regulatory enactments.

38.² In order to improve the operation of the National SSN System and the data exchange therein the Navy Coast Guard Service and the local competent authorities shall enter into an interdepartmental agreement in accordance with the procedures specified in regulatory enactments.

38.³ Local competent authorities shall have access to statistical data regarding 5 years in the National SSN System.

V. Closing Provision

39. Cabinet Regulation No. 826 of 3 October 2006, Procedures for Ensuring Operation of the Coastal Communications Network of the Automatic Identification System (AIS) within the Scope of the Vessel Traffic Monitoring and Data Exchange System (Latvijas Vēstnesis, 2006, No. 161) is repealed.

Informative Reference to the European Union Directives

This Regulation contains legal norms arising from:

1) Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC;

2) Directive 2009/17/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system; and

3) Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC.

[30 November 2010; 15 May 2012]

Acting for the Prime Minister -
Minister for Finance E. Repše

Acting for the Minister for Transport -
Minister for Economics A. Kampars

Annex 1
Cabinet Regulation No. 857
4 August 2009

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Access Rights for Users of the National SSN System

Notes.

1. ES - entitled to submit.

2. DS - duty to submit.

3. EA - entitled to access.

4. EAp - entitled to access only part of information (according to the competence).

5. * Only specific units or persons are entitled to access information (according to the competence).

Annex 2
Cabinet Regulation No. 857
4 August 2009

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Specimen of the Application Form of the User of the National SafeSeaNet System
Application of the User of the National SafeSeaNet System

1. Information regarding authority/authorised user

(to be completed by the applicant)

2. Information regarding the user of the National SafeSeaNet System

(to be completed by the applicant)

Send the authentication tools (code card) of the user by post to the address indicated in the application					Yes		No
For browsing of report

port(s) of interest

Liepāja

Ventspils

Roja

Mērsrags

Rīga

Skulte

Salacgrīva

Approval of report

Yes

No

port(s) of interest

Liepāja

Ventspils

Roja

Mērsrags

Rīga

Skulte

Salacgrīva

3. Information for which access rights are required (to be completed by the Navy Coast Guard Service)
General notification for a ship arriving in and departing from a port Notification of dangerous and polluting goods carried on board (HAZMAT) Notification of delivery of ship-generated waste Notification of reception of ship-generated waste Notification of security information Notification of a person who has stowed away and stays on board the ship illegally General Declaration (FAL form 1) Ship's manifest (FAL form 2) Ship's Stores Declaration (FAL form 3) Crew's Effects Declaration (FAL form 4) Crew List (FAL form 5) Passenger List (FAL form 6) Maritime Declaration of Health Submission for the receipt of a permission for unloading of goods Submission for the receipt of a permission for loading of goods Notification of necessity to perform expanded inspection within the scope of port State control Notification of actual time of arrival (ATA) of the ship Notification of actual time of departure (ATD) of the ship Request from the central server of the EC SSN System PortPlus notifications Alert reports: On incidents (SITREP) On maritime environment pollution (POLREP) On drifting containers or other objects dangerous to maritime safety On waste (WASTE) Other alerts Other:_____________________________________
Authorised person of the Navy Coast Guard Service				_____ ______________ 20__
	(given name, surname)		(signature)

Translation © 2013 Valsts valodas centrs (State Language Centre)