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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 18.06.2011.–30.07.2015.
Amendments not included: 28.07.2015.

Republic of Latvia

Cabinet
Regulation No. 424

Adopted 31 May 2011

Procedures for the Supervision of Classification Companies (Recognised Organisations)

Issued pursuant to Section 18, Paragraph four
of the Maritime Administration and Marine Safety Law

1. General Provisions

1. This Regulation prescribes the procedures for the supervision of classification companies (recognised organisations).

2. For the purposes of this Regulation:

2.1. recognised organisation - a classification company 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;

2.2. international conventions - the International Convention for the Safety of Life at Sea of 1 November 1974 and the 1988 Protocol thereof, the International Convention on Load Lines of 5 April 1966 and the 1988 Protocol thereof and the International Convention for the Prevention of Pollution from Ships of 2 November 1973 and the 1978 Protocol thereof together with amendments thereto, including the related codes of mandatory status, in their up-to-date version;

2.3. Latvian ship - a ship registered in the Latvian Ship Register falling within the scope of the international conventions;

2.4. statutory certificate - a certificate issued to a Latvian ship in accordance with the international conventions by the State stock company "Maritime Administration of Latvia" (hereinafter - Maritime Administration) or an authorised recognised organisation thereof;

2.5. exemption (waiver) certificate - a statutory certificate, which confirms that a Latvian ship, in accordance with the provisions provided for in the international conventions, is exempted from the fulfilment of specific requirements of the international conventions;

2.6. class certificate - a document issued by a recognised organisation certifying the structural and mechanical fitness of the ship for a particular use or service in accordance with the rules and procedures laid down and made public by that recognised organisation;

2.7. rules and procedures - a recognised organisation's requirements for the design, construction, equipment, maintenance and survey of Latvian ships;

2.8. inspections and surveys - inspections and surveys that are mandatory under the international conventions; and

2.9. authorisation agreement - an agreement entered into by and between the Maritime Administration and a recognised organisation, which authorises the recognised organisation to perform the functions indicated in this Regulation.

3. The Maritime Administration shall perform the supervision of recognised organisations in accordance with the procedures specified in this Regulation and according to the authorisation agreement entered into by and between the Maritime Organisation and a recognised organisation.

2. Authorisation of Recognised Organisations

4. The Maritime Administration in accordance with the Resolution A.996 (25) of the International Maritime Organisation (hereinafter - IMO) of 29 November 2007 on the implementation of mandatory IMO instruments and the amendments thereto shall ensure adequate fulfilment of the provisions of the international conventions in relation to inspections and surveys of Latvian ships and the issuance of statutory certificates, including the issuance of exemption (waiver) certificates, if such have been provided for in accordance with the requirements of the international conventions and are required by a ship owner.

5. In order to ensure the fulfilment of the requirements referred to in Paragraph 4 of this Regulation, the Maritime Administration is entitled to authorise the recognised organisations:

5.1. to undertake fully or in part inspections and surveys of ships related to statutory certificates and to issue or extend the period of validity of the related statutory certificates; or

5.2. to undertake fully or in part the inspections and surveys of ships, after which the Maritime Administration shall issue the related statutory certificates.

6. A Latvian ship shall be issued an exemption (waiver) certificate by the Maritime Administration or an authorised recognised organisation thereof. The recognised organisation shall co-ordinate the issuance of the first-time exemption (waiver) certificate with the Maritime Administration.

7. The Maritime Administration shall prepare samples of certificates to be issued to Latvian ships according to the requirements specified in the international conventions and shall develop instructions and circulars for recognised organisations regarding the application of the requirements of the international conventions to Latvian ships.

8. The provisions of this Chapter shall not be applicable to the certification of individual objects of the equipment of Latvian ships.

2.1. Restriction of the Number of Recognised Organisations and Reciprocal Treatment

9. The Maritime Administration shall not refuse authorisation to any of recognised organisations, however, in individual cases, upon co-ordination with the Ministry of Transport, may restrict the number of recognised organisations provided there are objective grounds for so doing (for example, if a recognised organisation does not have a ship of flying the flag of Latvian under the supervision thereof).

10. The Maritime Administration shall authorise a recognised organisation located in a third State to perform the duties referred to in Paragraph 4 of this Regulation or part thereof if the third State grants reciprocal treatment possibilities to such recognised organisations, which are located in the European Union and the European Economic Area.

2.2. Authorisation Agreement

11. Upon entering into an authorisation agreement with a recognised organisation, the Maritime Organisation shall specify the duties and functions of the recognised organisation and include at least the following conditions in the authorisation agreement:

11.1. the provisions set out in Appendix II of IMO Resolution A.739(18) of 4 November 1993 on guidelines for the authorisation of organisations, IMO MSC/Circular 710 and MEPC/Circular 307 on a model agreement for the authorisation of recognised organisations;

11.2. the following provisions concerning financial liability:

11.2.1. if liability arising out of any marine casualty is finally and definitely imposed on the Maritime Administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for loss of or damage to property or personal injury or death, which is proved in that court of law to have been caused by a wilful act or omission or gross negligence of the recognised organisation, its bodies, employees, agents or others who act on behalf of the recognised organisation, the Maritime Administration shall be entitled to financial compensation from the recognised organisation to the extent that that loss, damage, injury or death was, as decided by that court, caused by the recognised organisation;

11.2.2. if liability arising out of any marine casualty is finally and definitely imposed on the Maritime Administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for personal injury or death, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the Maritime Administration shall be entitled to financial compensation in accordance with the amount of compensation specified in the Maritime Administration and Marine Safety Law;

11.2.3. if liability arising out of any marine casualty is finally and definitely imposed on the Maritime Administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for loss of or damage to property, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the Maritime Administration shall be entitled to financial compensation in accordance with the amount of compensation specified in the Maritime Administration and Marine Safety Law;

11.3. provisions for a periodical audit by the Maritime Administration into the duties the recognised organisations are undertaking on behalf of the Maritime Administration, as referred to in Paragraph 13 of this Regulation;

11.4. provisions for the right of the Maritime Administration for random and detailed inspections of ships;

11.5. provisions for the provision of detailed information by the recognised organisation to the Maritime Administration regarding ships under the supervision thereof, transfer thereof to another organisation, changes in classification, suspension and withdrawal thereof, as well as the damages or deficiencies detected during a ship survey causing threat to maritime safety, human health or threat to the environment;

11.6. requirement that the recognised organisation has a branch in Latvia under the jurisdiction of the courts of Latvia;

11.7. requirements regarding non-issuance of statutory certificates to Latvian ships, which have been withdrawn the ship class or have lost it, while an inspection of the Latvian ship in the amount specified by the Maritime Administration has not been performed;

11.8. requirement to co-operate with the port State control inspection if substantial deficiencies have been detected thereto during the port State control inspection of the Latvian ship; and

11.9. provisions for suspension and withdrawal of the authorisation agreement.

12. The Maritime Administration shall prepare information regarding authorisation agreements entered into with recognised organisations and submit it to the Ministry of Transport. The Ministry of Transport shall submit the referred to information to the European Commission.

3. Supervision of Recognised Organisations

13. In performing supervision of a recognised organisation, the Maritime Administration shall regularly check whether it efficiently performs the functions thereof in accordance with the authorisation agreement entered into.

14. In order to verify the quality of the work of a recognised organisation, the Maritime Administration shall inspect a Latvian ship under the supervision of the recognised organisation not less than once a year.

15. The Maritime Administration shall, not less than once every two years, compile the results of supervision of recognised organisations and submit a report on the results of supervision to the Ministry of Transport. The Ministry of Transport shall, by 31 March of the subsequent year, inform the European Commission, as well as the Member States of the European Union and of the European Economic Area of the audit results.

16. If the Maritime Administration finds within the scope of supervision of a recognised organisation that the recognised organisation should not be further allowed to perform the tasks specified in the authorisation agreement, the Maritime Administration shall suspend or withdraw the authorisation agreement and inform the Ministry of Transport thereof as soon as possible. The Ministry of Transport shall inform the European Commission, as well as the Member States of the European Union and of the European Economic Area and provide a justification of the decision taken.

4. Reporting

17. Upon implementing port State control, the Maritime Administration shall notify the European Commission, the Member States of the European Union and of the European Economic Area, as well as the relevant State whose flag the ship is flying if it has detected that a recognised organisation operating on behalf of the flag State has issued valid statutory certificates to ships, which do not conform to the requirements of the international conventions, or notify regarding any non-conformity admitted by the ship with a valid class certificate in the field, to which the certificate applies. The Maritime Administration shall inform the relevant recognised organisation during the initial inspection so that it could commence the necessary measures for elimination of non-conformities without delay.

18. In the cases referred to in Paragraph 17 of this Regulation the Maritime Administration shall notify only if serious threat to safety and the environment has occurred or facts point towards negligent behaviour of the recognised organisation.

5. Application of Technical Rules

19. Latvian ships shall be designed, constructed, equipped and maintained in accordance with the technical rules and procedures relating to hull, machinery and electrical and control installation requirements of a recognised organisation. The recognised organisation, upon entering into a contract with a Latvian ship owner regarding supervision of the ship, shall ensure the ship owner with information regarding the requirements set forward by the recognised organisation.

20. The Maritime Administration and the recognised organisation shall cooperate in the development of the rules and procedures of the recognised organisation, as well as confer with a view to achieving consistent interpretation of the international conventions.

21. As regards the conditions referred to in Paragraph 19 of this Regulation, the Maritime Administration may use rules it considers equivalent to the rules of a recognised organisation only on the proviso that the Ministry of Transport notifies the European Commission and the Member States of the European Union and of the European Economic Area regarding use of equivalent rules. Equivalent rules shall be applied only if objections from the European Commission and the Member States of the European Union and of the European Economic Area have not been received.

6. Closing Provision

22. Cabinet Regulation No. 373 of 9 May 2006, Procedures for the Supervision of Classification Societies (Recognised Organisations) (Latvijas Vēstnesis, 2006, No. 77) is repealed.

Informative Reference to the European Union Directive

This Regulation contains legal norms arising from Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (Text with EEA relevance).

Prime Minister V. Dombrovskis

Minister for Transport U. Augulis

 


Translation © 2011 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 424Adoption: 31.05.2011.Entry into force: 18.06.2011.Publication: Latvijas Vēstnesis, 95, 17.06.2011.
Language:
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