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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

25 June 2013 [shall come into force on 28 June 2013];
3 January 2017 [shall come into force on 11 January 2017];
18 December 2018 [shall come into force on 1 January 2019];
11 February 2020 [shall come into force on 14 February 2020];
2 September 2020 [shall come into force on 9 September 2020].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

 

Republic of Latvia

Cabinet
Regulation No. 339
Adopted 15 May 2012

Regulations Regarding Port Formalities

Issued pursuant to
Section 35, Paragraph two and 41.1,
Paragraph three of the Maritime Administration
and Marine Safety Law and Section 22,
Paragraph eight of the law On the State Border
of the Republic of Latvia

[25 June 2013]

1. General Provisions

1. This Regulation prescribes the procedures for the completion of formalities related to the arrival of a ship at a port and its departure therefrom (hereinafter - the port formalities) and registration of passenger ship passengers.

[25 June 2013]

2. The following terms are used in this Regulation:

2.1. ship - a ship in accordance with Section 1.1 of the Maritime Code;

2.2. sea-going ship - a sea-going ship in accordance with Article II (g) of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (with amendments);

2.3. fishing vessel - a fishing vessel in accordance with Chapter I, Regulation 2, Sub-paragraph "i" of the Annex to the International Convention for the Safety of Life at Sea,1974 (with amendments) (hereinafter - the SOLAS Convention);

2.4. traditional ship - any kind of historical ship and its replica, including those ships and their replicas designed to promote traditional seamanship and other traditional skills;

2.5. recreational craft - a ship intended for sports or recreation;

2.5.1 passenger ship - a ship, including a high-speed craft conforming to the definition of Chapter X, Regulation 1 of the SOLAS Convention which can carry more than 12 passengers;

2.6. shipping company - a ship owner or other legal or natural person (for example, manager or bareboat charterer) who has taken over the responsibility for the operation of the ship from the ship owner;

2.7. agent of a ship - a person who is agenting the ship in accordance with Section 112, Paragraph four of the Maritime Code;

2.8. cargo transport unit - a road freight vehicle, a railway freight wagon, a freight container, a road tank vehicle, a railway wagon or a portable tank;

2.9. dangerous goods:

2.9.1. goods classified in the International Maritime Dangerous Goods Code (hereinafter - the IMDG Code);

2.9.2. liquid cargoes listed in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (hereinafter - the IBC Code);

2.9.3. liquefied gases in bulk listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (hereinafter - the IGC Code);

2.9.4. solids included in Group B of the International Maritime Solid Bulk Cargoes Code (hereinafter - the IMSBC Code);

2.9.5. cargoes referred to in Paragraph 1.1.3 of the IBC Code or Paragraph 1.1.6 of the IGC Code;

2.10. polluting goods:

2.10.1. oils as defined in Annex I to the International Convention for the Prevention of Pollution from Ships, 1973, and the 1978 Protocol thereto (with amendments) (hereinafter - the MARPOL Convention);

2.10.2. noxious liquid substances defined in Annex II to the MARPOL Convention;

2.10.3. harmful substances defined in Annex III to the MARPOL Convention;

2.11. ship's waste - all waste and residues that are generated on board the ship during the service thereof and during cargo operations and that is defined by the MARPOL Convention including:

2.11.1. Annex I to the MARPOL Convention - bilge waters, oil residues (sludge), oily tank washings, oily cargo residues and dirty ballast waters;

2.11.2. Annex II to the MARPOL Convention - tank washings containing noxious liquid substances, cargo residues containing noxious liquid substances and ballast waters containing noxious liquid substances;

2.11.3. Annex IV to the MARPOL Convention - sewage;

2.11.4. Annex V to the MARPOL Convention - garbage defined in Annex V to the MARPOL Convention, including plastic, food, domestic, operational wastes, ashes resulted from waste incineration facilities, cooking oil, animal carcasses, fishing gear and cargo residues;

2.11.5. Annex VI to the MARPOL Convention - ozone-depleting substances, equipment containing such substances and exhaust gas-cleaning residues;

2.12. ship to ship activity - the activities in conformity with Regulation XI-2/1.10 of the SOLAS Convention;

2.13. coastal fisheries - coastal fisheries in accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (hereinafter - the Schengen Borders Code);

2.14. scheduled service - a series of ship voyages operated so as to serve traffic between the same two or more ports, either according to a published timetable or with crossings so regular or frequent that they constitute a recognisable systematic series of voyages;

2.15. [18 December 2018];

2.16. FAL forms - the forms incorporated in Annex 1 to Annex of the Convention on Facilitation of International Maritime Traffic, 1965, (hereinafter - FAL Convention);

2.17. customs territory of the Union - the territory in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (hereinafter - the Union Customs Code);

2.18. ISM Code - the International Management Code for the Safe Operation of Ships and for Pollution Prevention which was adopted by the International Maritime Organisation with Assembly Resolution A.741(18) of 4 November 1993;

2.19. registrar - the responsible person authorised by a shipping company to fulfil the obligations laid down in the ISM Code (where applicable), or to notify information on the persons who are on board the passenger ship of the shipping company in accordance with Chapter 9.1 of this Regulation;

2.20. EORI number - the registration and identification number referred to in Article 1(18) of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (hereinafter - Delegated Regulation No 2015/2446);

2.21. codes of the countries of routing of a ship - the identification of countries in accordance with data element 5/18 "Countries of routing codes" of Annex B to Delegated Regulation No 2015/2446.

[25 June 2013; 11 February 2020; 2 September 2020]

3. Reporting on border checks, customs control and on the veterinary, phytosanitary and food safety control, control of the safety of non-food products, and quality and classification control of a cargo at border crossing points is, in addition to this Regulation, also governed by the laws and regulations in the field of border and customs control, and also the laws and regulations regarding the veterinary, phytosanitary and food safety control, control of the safety of non-food products, and quality and classification control at border crossing points.

4. Reporting on the need to carry out an expanded inspection within the scope of port State control is governed by the laws and regulations regarding procedures for the port State control.

5. Reporting on fishing operations and monitoring of catches prior to arrival of a fishing vessel at a port is governed by the laws and regulations in the field of fisheries.

6. Observance of port formalities in accordance with the competence shall be controlled by the Naval Forces Coast Guard Service of the National Armed Forces (hereinafter - the Coast Guard Service), the State Border Guard, the customs authority of the State Revenue Service (hereinafter - the customs authority), the Food and Veterinary Service, the State stock company "Maritime Administration of Latvia" (hereinafter - the Maritime Administration of Latvia), the State Environmental Service, the Centre for Disease Prevention and Control and port authorities (all together hereinafter - the control authorities).

[2 September 2020]

7. The requirements of this Regulation shall not restrict the rights of the control authorities to, within the framework of laws and regulations governing its operations, request additional information and check ships and persons on the basis of the results of internal security or illegal immigration risk analysis, as well as considerations of public order and ensuring of public health.

2. Notification on the Arrival of a Ship at a Port and Its Departure Therefrom

2.1. Sea-going Ships with Gross Tonnage 300 and Upwards

8. This Sub-chapter shall not apply to the following ships:

8.1. warships, naval auxiliary and other ships used for non-commercial (public) service;

8.2. fishing vessels with a length of less than 45 metres;

8.3. traditional ships with a length of less than 45 metres;

8.4. recreational crafts with a length of less than 45 metres.

9. Prior to arrival of a ship at a port, the agent of the ship or, if there is not any, a shipping company or the master of the ship shall enter the following information in the International Freight Logistics and Port Information System (SKLOIS):

9.1. the name of the ship;

9.2. the call sign of the ship;

9.3. the International Maritime Organisation (hereinafter - IMO) identification number or the Maritime Mobile Service Identity (hereinafter - MMSI) number of the ship;

9.4. the port of call;

9.5. estimated time of arrival of the ship at the port and berth (if known) where the ship intends to dock;

9.6. estimated time of departure from the port and berth (if known) from which the ship intends to depart from the port;

9.7. the number of crew and passengers on board a sea-going ship.

[18 December 2018]

10. The information referred to in Paragraph 9 of the Regulation shall be notified:

10.1. at least twenty-four hours before arrival of a ship at a port;

10.2. if the voyage time is less than twenty-four hours - at the latest, at the time the ship leaves the previous port;

10.3. if the next port of call is not known or it changes during the voyage - as soon as this information is available.

11. If all the information referred to in Paragraph 9 of this Regulation has been received, the Coast Guard Service shall make the relevant notation in the International Freight Logistics and Port Information System (SKLOIS).

[18 December 2018]

12. An agent of the ship, but, if there is not any, a shipping company or the master of the ship must immediately repeatedly notify the information referred to in Paragraph 9 of this Regulation, if:

12.1. within the period from the notification of information until arrival of the ship at a port such information has changed;

12.2. the information referred to in Sub-paragraph 9.1, 9.2, 9.3, 9.6 or 9.7 of the Regulation has changed while the ship is at a port.

13. If the relevant submission has been received, the port authority shall, upon agreeing with the Coast Guard Service, the State Border Guard, the customs authority and the Food and Veterinary Service, take the decision to exempt the following from the obligation referred to in Paragraph 9 of the Regulation:

13.1. ships which provide a scheduled service between the ports of Latvia;

13.2. ships which provide a scheduled international service between a port of Latvia and one or several foreign ports at least one of which is a port of a European Union Member State.

14. The exemption referred to in Paragraph 13 of the Regulation shall be granted if all of the following conditions are met:

14.1. it is intended that the relevant ship will provide a scheduled service at least for one month;

14.2. the duration of separate voyages of the relevant ship within the scope of the scheduled service does not exceed 12 hours.

15. If a ship is exempted from the obligation referred to in Paragraph 9 of the Regulation in accordance with Paragraph 13 of the Regulation, an agent of the ship, but if there is not any, a shipping company or the master or the ship shall:

15.1. keep and update a list of the ships concerned and send it to the relevant port authority and the Coast Guard Service immediately after it has been drawn up or updated;

15.2. ensure 24 hours a day that, upon a request of the control authorities, the information referred to in Paragraph 9 of the Regulation regarding each voyage made by the relevant ship is immediately electronically notified ;

15.3. using any available means of communication, notify the authorities to the control of which the relevant ship is subjected on any deviation from the estimated time of arrival of the ship at port, if such deviation is three and more hours.

16. Control authorities shall, in accordance with the competence thereof, regularly check the fulfilment of the conditions referred to in Paragraphs 14 and 15 of the Regulation. If the control authority (except for the relevant port authority) establishes a non-compliance, it shall immediately notify the relevant port authority.

17. The relevant port authority shall, upon agreeing with the Coast Guard Service, and where it concerns the competence of such authorities - also with the State Border Guard, the customs authority and the Food and Veterinary Service, take the decision to withdraw the exemption which has been granted in accordance with Paragraph 13 of the Regulation if it has been established that:

17.1. any of the conditions referred to in Paragraph 14 of the Regulation are not met;

17.2. an agent of the ship, a shipping company or the master of the ship fails to fulfil the duties referred to in Paragraph 15 of the Regulation.

18. The relevant port authority shall send the Coast Guard Service, the State Border Guard, the customs authority, the Food and Veterinary Service, the Maritime Administration of Latvia, the State Environmental Service, the Centre for Disease Prevention and Control and the Ministry of Transport a list (including each update of such list) of the ships and shipping companies to which the exemption from the obligation referred to in Paragraph 9 of the Regulation has been granted in accordance with Paragraph 13 of the Regulation, the time of arrival and departure, and also arrival and departure berths of such ships.

19. The Ministry of Transport shall send the lists referred to in Paragraph 18 of the Regulation to the European Commission.

2.2. Notification for the Control Needs of the State Border Guard, the Customs Authority and the Food and Veterinary Service

20. This Sub-chapter shall apply to ships that are subjected to at least one of the following controls:

20.1. border control - in accordance with the laws and regulations in the field of border control;

20.2. customs control - in accordance with the laws and regulations in the field of customs control;

20.3. veterinary, phytosanitary and food safety control, control of the safety of non-food products, quality and classification control at border crossing points - in accordance with the laws and regulations regarding veterinary, phytosanitary and food safety control, control of safety of non-food products, quality and classification control at border crossing points.

21. This Sub-chapter shall not apply to ships that perform notification in accordance with Sub-chapter 2.1 of this Regulation.

22. The master or owner of a ship (a recreational craft operator) or a person authorised thereby (for a recreational craft - also a yacht club at which the craft is intended to call) shall, not later than two hours (for a recreational craft - not later than one hour) before the arrival of the ship at the first berth of the port, notify the following information to the State Border Guard, the customs authority or the Food and Veterinary Service, as well as the Coast Guard Service respectively by using the International Freight Logistics and Port Information System (SKLOIS) or any other available means of communication:

22.1. the name of the ship;

22.2. the IMO identification number, MMSI number or other identification number of the ship;

22.3. the port of call;

22.4. the estimated time of arrival of the ship at the port;

22.5. the berth at which the ship intends to dock;

22.6. contact information for communication with the ship;

22.7. the number of crew and passengers on board.

[18 December 2018]

23. The information referred to in Paragraph 22 of the Regulation shall be immediately repeatedly notified if:

23.1. within the period from the notification of the information until arrival of the ship at the first berth of the port such information has changed;

23.2. the information referred to in Sub-paragraph 22.1, 22.2 or 22.6 of the Regulation has changed while the ship is at the port.

24. To leave the port, the master or owner of a ship (a recreational craft operator), or a person authorised thereby (for a recreational craft - also a yacht club at which the craft has called) shall, not later than two hours (for a recreational craft - not later than one hour) before the departure of the ship from the berth, notify the following information to the State Border Guard, the customs authority or the Food and Veterinary Service, as well as the Coast Guard Service respectively by using the International Freight Logistics and Port Information System (SKLOIS) or any other available means of communication:

24.1. the name of the ship;

24.2. the IMO identification number, MMSI number or other identification number of the ship;

24.3. the estimated time of departure of the ship from port;

24.4. the berth from which the ship intends to depart in order to leave the port;

24.5. contact information for communication with the ship;

24.6. the number of crew and passengers on board.

[18 December 2018]

25. If changes have occurred to the information referred to in Paragraph 24 of the Regulation since the notification of the information until departure of a ship from a berth in order to leave the port, the information shall be immediately repeatedly notified.

26. The compliance with the port formalities specified in this Sub-chapter shall be controlled by the Coast Guard Service, the State Border Guard, the customs authority and the Food and Veterinary Service in accordance with the competence thereof.

2.3. Notification for the Search and Rescue Needs of Persons

27. This Sub-chapter shall apply to the following ships:

27.1. sea-going ships the gross tonnage of which is less than 300;

27.2. fishing vessels with a length of less than 45 metres;

27.3. traditional ships with a length of less than 45 metres;

27.4. recreational craft with a length of less than 45 metres.

28. This Sub-chapter shall not apply to the following ships:

28.1. ships that perform notification in accordance with Sub-chapter 2.2 of the Regulation;

28.2. warships, naval auxiliary and other ships used for non-commercial (public) service.

29. Before arrival of a ship at the port, the master (a recreational craft operator) or owner of the ship or a person authorised thereby (for a recreational craft - also a yacht club at which the craft is intended to call) may notify the information referred to in Paragraph 22 of the Regulation to the Coast Guard Service by using the International Freight Logistics and Port Information System (SKLOIS).

[2 September 2020]

30. Prior to departure of a ship from the port, the master (a recreational craft operator) or owner of the ship or a person authorised thereby (for a recreational craft - also a yacht club at which the craft has called) may notify the information referred to in Paragraph 24 of the Regulation to the Coast Guard Service by using the International Freight Logistics and Port Information System (SKLOIS).

[2 September 2020]

3. Notification on Dangerous and Polluting Goods on Board Ships

31. This Chapter shall apply to all sea-going ships, except for warships, naval auxiliary and other ships used for non-commercial (public) service.

32. If the ship which carries dangerous or polluting goods is leaving a port of Latvia or berth in the territorial sea or inland waters of the Republic of Latvia, the agent of such ship, but if there is not any, a shipping company or the master of the ship shall, at the latest at the moment of departure, electronically submit the notification referred to in Paragraph 34 of the Regulation on dangerous and polluting goods on board the ship to the International Freight Logistics and Port Information System (SKLOIS).

[18 December 2018]

33. If the ship which carries dangerous or polluting goods is arriving from a port which is located outside the European Union and wishes to enter a port of Latvia or to berth in the territorial sea or inland waters of the Republic of Latvia, the agent of such ship, but if there is not any, a shipping company or the master of the ship, shall, at the latest at the moment of departure from the port of loading or at the moment when the port of destination or berth has become known (if it has not been known at the time of departure), electronically submit the notification referred to in Paragraph 34 of the Regulation on dangerous and polluting goods on board the ship to the International Freight Logistics and Port Information System (SKLOIS).

[18 December 2018]

34. A notification of dangerous and polluting goods on board a ship shall contain the following information:

34.1. general information:

34.1.1.the name of the ship;

34.1.2. the call sign of the ship;

34.1.3. the IMO identification number or MMSI number of the ship;

34.1.4. the next port;

34.1.5. if a ship departs from the port or berth of Latvia - estimated time of departure and estimated time of arrival at the next port or berth;

34.1.6. if a ship arrives at the port or berth of Latvia - estimated time of arrival of the ship;

34.1.7. total number of persons on board;

34.2. information regarding dangerous and polluting goods:

34.2.1. the correct technical name of the goods;

34.2.2. the UN number (where it exists) of the goods;

34.2.3. the IMO hazard classes in accordance with the IMDG, IBC, IGC or IMSBC Codes;

34.2.4. if the ship is carrying goods that are referred to in the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-level Radioactive Wastes on Board Ships and complies with the definition of Chapter VII, Regulation VII/14.2 of Annex to SOLAS Convention (INF cargo) - the class of the ship;

34.2.5. the quantity of goods;

34.2.6. location of goods on the ship;

34.2.7. if the goods are being carried in cargo transport unit - the identification number of the transport unit (other than tank);

34.2.8. confirmation that a list or manifest or appropriate loading plan giving details of the dangerous or polluting goods carried and of their location on the ship is on board;

34.2.9. contact information of the person from which detailed information on the cargo may be obtained.

35. If from the time of submitting the notification referred to in Paragraph 32 of the Regulation until departure of a ship from the port or berth changes have occurred to the submitted information, an agent of the ship, but if there is not any, a shipping company or the master of the ship shall immediately submit the notification repeatedly.

36. If from the time of submitting the notification referred to in Paragraph 33 of the Regulation until arrival of a ship at the port or berth changes have occurred to the submitted information, an agent of the ship, but if there is not any, a shipping company or the master of the ship shall immediately submit such notification repeatedly.

37. The compliance with the port formalities referred to in Paragraphs 32, 33, 35 and 36 of the Regulation shall be controlled by the Coast Guard Service in co-operation with the Maritime Administration of Latvia. The Coast Guard Service shall control whether a notification of dangerous and polluting goods on board a ship has been submitted to the International Freight Logistics and Port Information System (SKLOIS). The Maritime Administration of Latvia shall control the compliance of the content of the submitted notification with Paragraph 34 of the Regulation.

[18 December 2018]

38. If the relevant submission has been received, the port authority, upon agreeing with the Maritime Administration of Latvia, shall take the decision to exempt the following ships from the obligation referred to in Paragraph 32 or 33 of the Regulation:

38.1. ships which ensure a scheduled service between the ports of Latvia;

38.2. ships which ensure a scheduled international service between a port of Latvia and one or several foreign ports at least one of which is a port of a European Union Member State.

39. The exemption referred to in Paragraph 38 of the Regulation shall be granted if all of the following conditions are met:

39.1. it is intended that the relevant ship will ensure a scheduled service at least for one month;

39.2. the duration of separate voyages of the relevant ship within the scope of the scheduled service does not exceed 12 hours.

40. If a ship is exempted from the obligation referred to in Paragraph 32 or 33 of the Regulation in accordance with Paragraph 38 of the Regulation, an agent of the ship, but if there is not any, a shipping company or the master or the ship shall:

40.1. keep and update a list of the ships concerned and send it to the relevant port authority and the Maritime Administration of Latvia immediately after it has been drawn up or updated;

40.2. ensure 24 hours a day that, upon a request of the Maritime Administration of Latvia or the Coast Guard Service, the information referred to in Paragraph 34 of the Regulation regarding each voyage made by the relevant ship is immediately electronically notified;

40.3. using any available means of communication, notify the Maritime Administration of Latvia and the Coast Guard Service of any deviation from the estimated time of arrival of a ship at port, if such deviation is three and more hours.

41. The authority of the relevant port and the Maritime Administration of Latvia shall regularly control the fulfilment of the conditions referred to in Paragraph 39 of the Regulation and of the obligations referred to in Paragraph 40 of the Regulation. If the Maritime Administration of Latvia establishes a non-compliance, it shall immediately notify the relevant port authority.

42. The authority of the relevant port, upon agreeing with the Maritime Administration of Latvia, may take the decision to withdraw the exemption that has been granted in accordance with Paragraph 38 of this Regulation if it has been established that:

42.1. any of the conditions referred to in Paragraph 39 of the Regulation is not met;

42.2. the master of the ship, a shipping company or an agent of the ship authorised thereby fails to fulfil with the obligations referred to in Paragraph 40 of this Regulation.

43. The authority of the relevant port shall send the Maritime Administration of Latvia, the Coast Guard Service and the Ministry of Transport the list (including each update of such list) of those ships and shipping companies to which an exemption from the obligation referred to in Paragraph 32 or 33 of the Regulation has been granted in accordance with Paragraph 38 of the Regulation, the time of arrival and departure, as well as berths of arrival and departure of such ships.

44. The Ministry of Transport shall send the lists referred to in Paragraph 43 of the Regulation to the European Commission.

4. Notification of Ship's Waste

45. This Chapter shall apply to all sea-going ships except for:

45.1. warships, floating fittings (naval auxiliary) and other ships used for non-commercial (public) service;

45.2. fishing vessels;

45.3. recreational craft that are allowed to carry not more than 12 passengers.

46. Before the arrival of a ship at a port, the agent of the ship, or if there is not any, a shipping company or master of the ship shall submit a Notification of the Waste Delivery (Annex 1) in the International Freight Logistics and Port Information System (SKLOIS).

[18 December 2018]

47. The Notification of the Waste Delivery shall be submitted:

47.1. at least twenty-four hours before arrival of the ship at the port;

47.2. if the voyage time is less than twenty four hours - at the latest, at the time the ship leaves the previous port;

47.3. if the next port of call is not known or it is changed during the voyage - as soon as this information is available.

48. If within the period from submitting the Notification of the Waste Delivery until arrival of a ship at first berth of the port changes have occurred to the notified information, an agent of the ship, but if there is not any, a shipping company or the master of the ship shall submit the notification repeatedly.

49. The Notification of the Waste Delivery (original) shall be kept on board at least until departure from the next port of call. Upon an appropriate request, such notification shall be submitted to the State Environmental Service or a foreign authority the competence of which includes the control of accepting and management of ship's waste.

50. The compliance with the port formalities referred to in Paragraphs 46, 48 and 49 of this Regulation shall be controlled by the Coast Guard Service in co-operation with the State Environmental Service. The Coast Guard Service shall control whether a Notification of the Waste Delivery has been submitted to the International Freight Logistics and Port Information System (SKLOIS). The State Environmental Service shall control the compliance of the content of the submitted notification with Annex 1 to the Regulation.

[18 December 2018]

51. After receipt of the relevant submission, the port authority shall, upon agreeing with the State Environmental Service, take the decision to exempt the ship from the obligation to submit the Notification of the Waste Delivery if all of the following conditions are met:

51.1. the relevant ship provides a scheduled service;

51.2. there is sufficient evidence that the relevant ship delivers waste and pays mandatory fee in a port along the ships route.

52. The following shall be indicated in the submission referred to in Paragraph 51 of the Regulation:

52.1. the ship which is to be exempted from the obligation to submit the Notification of the Waste Delivery;

52.2. information which proves that the ship provides a scheduled service;

52.3. a port at which the ship delivers waste regularly;

52.4. duration of voyage of the ship;

52.5. the capacity of tanks or containers for accumulation of ship's waste.

53. The authority of the relevant port and the State Environmental Service shall regularly control the fulfilment of the conditions referred to in Paragraph 51 of the Regulation. If the State Environmental Service establishes a non-compliance, it shall immediately notify to the relevant port authority.

54. The relevant port authority, after agreeing with the State Environmental Service, shall take the decision to withdraw the exemption granted in accordance with Paragraph 51 of the Regulation, if it establishes that any of the conditions referred to in Paragraph 51 of the Regulation is not met.

55. The relevant port authority shall send the State Environmental Service and the Coast Guard Service the list (including each update of such list) of those ships and shipping companies to which an exemption from the obligation to submit the Notification of the Waste Delivery has been granted in accordance with Paragraph 51 of the Regulation, the time of arrival and departure, as well as berths of arrival and departure of such ships.

56. Once a year the State Environmental Service shall inform the European Commission and the Baltic Marine Environment Protection Commission of the ships exempted from the obligation to submit the Notification of the Waste Delivery.

5. Submission of Pre-arrival Security Information of a Ship

[2 September 2020]

57. This Chapter shall apply to:

57.1. ships which are determined in Regulation XI-2/2.1.1 of Annex to the SOLAS Convention taking into account Regulation XI-2/2.3 of Annex to the SOLAS Convention;

57.2. ships which are in activity with the ships referred to in Sub-paragraph 57.1 of this Regulation if, in accordance with the laws and regulations regarding implementation and supervision of functions for ships and shipping companies, port and port facility security, the Ship and Port Security Inspectorate of the Maritime Administration of Latvia (hereinafter - the Ship and Port Security Inspectorate) has determined that security requirements should be applied to the relevant ship;

57.3. ships engaged in domestic voyages:

57.3.1. if the ship corresponds to a type of passenger ship specified in Article 3(2) of Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (hereinafter - Regulation No 725/2004);

57.3.2. if, in accordance with the laws and regulations regarding implementation and supervision of functions for ship and shipping companies, port and port facility security, the Ship and Port Security Inspectorate has determined that security requirements are to be applied for the relevant ship;

57.3.3. if a foreign competent authority has determined that the relevant security requirements should be applied to the relevant foreign ship.

58. Before the arrival of a ship at a port, the agent of the ship, but if there is none, the shipping company or the master of the ship, or a security officer of the shipping company, or a security officer of the ship shall electronically submit the pre-arrival security information of a ship (Annex 2) in the International Freight Logistics and Port Information System (SKLOIS).

[18 December 2018; 2 September 2020]

59. The pre-arrival security information of a ship shall be submitted within the periods specified in Article 6(2) of Regulation No 725/2004.

[2 September 2020]

60. If from the time of submitting the pre-arrival security information of a ship until arrival of a ship at the first berth of a port changes have occurred in the information provided therein, an agent of the ship, but if there is none, the shipping company or master of the ship, or a security officer of the shipping company, or a security officer of the ship shall submit the pre-arrival security information of the ship repeatedly.

[2 September 2020]

61. If a completely filled-in form referred to in Annex 2 to this Regulation has been received, the Coast Guard Service shall make the relevant notation in the International Freight Logistics and Port Information System (SKLOIS). Making of notation in the International Freight Logistics and Port Information System (SKLOIS) shall not revoke the right to apply the control measures in accordance with the laws and regulation regarding implementation and supervision of functions for ship and shipping companies, port and port facility security.

[18 December 2018]

62. If a relevant submission has been received, the Ship and Port Security Inspectorate may, in accordance with Article 7(1) of Regulation No 725/2004, take the decision to exempt a ship that is engaged on scheduled domestic voyages from the obligation to submit the pre-arrival security information of a ship. The exemption shall be granted after evaluation whether the obligation to submit the pre-arrival security information of a ship is proportionate to the treats caused by the relevant ship:

62.1. to security of the ships referred to in Sub-paragraph 57.1 of this Regulation;

62.2. to security of any port of Latvia;

62.3. to security of the port facilities specified in Paragraph A/3.1.2 of the International Ship and Port Facility Security Code.

[2 September 2020]

63. The Ship and Port Security Inspectorate shall regularly control the fulfilment of the conditions referred to in Article 7(1) of Regulation No 725/2004 and Paragraph 62 of this Regulation in respect of ships to which an exemption has been granted in accordance with Paragraph 62 of this Regulation, and, if a non-compliance is established, take the decision to withdraw the exemption.

64. A ship which is engaged on scheduled international voyages may be exempted from the obligation to provide the pre-arrival security information of a ship, if a relevant international agreement has been concluded between the Republic of Latvia and other relevant countries involved in the relevant scheduled service in accordance with Regulation XI-2/2.11 of Annex to the SOLAS Convention. In such case the exemption shall be granted and withdrawn in accordance with the conditions of the international agreement.

[2 September 2020]

65. The Ship and Port Security Inspectorate shall send the Coast Guard Service the list (including each update of such list) of those ships and shipping companies to which an exemption from the obligation to submit the pre-arrival security information of a ship has been granted in accordance with Paragraph 62 or 64 of this Regulation, the time of arrival and departure of such ships, as well as their berths of arrival and departure.

[2 September 2020]

66. The Ship and Port Security Inspectorate shall, in accordance with Article 7(4) of Regulation No 725/2004, send the lists referred to in Paragraph 65 of this Regulation to the European Commission and foreign countries involved in the relevant scheduled service.

67. The exemption from the obligation to submit the pre-arrival security information of a ship granted in accordance with Paragraph 62 or 64 of this Regulation shall not restrict the right of the Coast Guard Service in accordance with Article 7(5) of Regulation No 725/2004 to request security-related information from ships.

[2 September 2020]

6. Notification of Persons who have Stowed Away on the Ship and Stay there Illegally

68. This Chapter shall apply to all ships involved in international maritime traffic and ships which come into contact with the ships involved in international maritime traffic, as well as to the ships referred to in Sub-paragraph 57.3 of this Regulation.

69. If on board a ship, which intends to arrive at a port of Latvia, has arrived at the port of Latvia or departs from the port of Latvia, is a person who has stowed away and stays there illegally, the master or owner of the ship (a recreational craft operator, or a shipping company, or the authorised person thereof shall immediately notify the State Border Guard and the Coast Guard Service thereof. Concurrently or, if it is not technically possible, also a completed form of Annex 3 of Annex to the FAL Convention shall be submitted immediately after the the State Border Guard and the Coast Guard Service has been notified.

70. In the case referred to in Paragraph 69 of this Regulation, the International Freight Logistics and Port Information System (SKLOIS) or any other available means of communication shall be used for notification.

[18 December 2018]

7. Reporting in Accordance with the FAL Convention

71. This Chapter shall apply to all ships involved in international maritime traffic, except for warships, naval auxiliary, other ships used for non-commercial (public) service and recreational craft.

72. Before the arrival of a ship at a port, the agent of the ship, or if there is not any, a shipping company or the master of the ship shall electronically submit the following documents referred to in the FAL Convention by using the the International Freight Logistics and Port Information System (SKLOIS):

72.1. the General Declaration (FAL Form 1) - to the port authority, the State Border Guard, the customs authority and, if there are goods subject to veterinary, phytosanitary, food safety control, control of safety of non-food products, quality and classification control on board the ship, also to the Food and Veterinary Service;

72.2. the ship's manifest on all the goods that are on board the ship - to the customs authority and, if there are goods subject to veterinary, phytosanitary, food safety control, control of safety of non-food products, quality and classification control on board the ship, also to the Food and Veterinary Service. The following information shall be indicated in the ship's manifest:

72.2.1. the name of the ship;

72.2.2. the IMO identification number or MMSI number of the ship;

72.2.3. codes of countries of routing of the ship;

72.2. 4. the commercial company carrying out ship agency services, but, if none, the shipping company - the name, legal address, EORI number (if none - the registration number), telephone number, fax number (if any), and e-mail address;

72.2.5. information on goods:

72.2.5.1. the consignor of goods;

72.2.5.2. the consignee of goods;

72.2.5.3. the port of loading of goods;

72.2.5.4. the ports of unloading of goods;

72.2.5.5. the name, quantity, and description of goods;

72.2.5.6. the combined nomenclature code (HS code) of goods if available;

72.2.5.7. the customs status of goods;

72.2.5.8. the number and type of the container if goods are transported in a container;

72.2.5.9. the national registration number of a heavy goods vehicle, towing vehicle, trailer, and semi-trailer if goods are carried by goods road vehicle;

72.2.5.10. a reference to an entry summary declaration if goods are imported in the Union customs territory directly from the third country;

72.2.5.11. the number of the transport document of goods;

72.3. the Ship's Stores Declaration (FAL Form 3) - to the customs authority;

72.4. the Crew's Effects Declaration (FAL Form 4) - to the customs authority;

72.5. the Crew List (FAL Form 5), where appropriate, by specifying the visa or residence permit number in the crew list - to the State Border Guard and the customs authority;

72.6. the Passenger List (FAL Form 6) (if there are passengers on board the ship), where appropriate, by specifying the visa or residence permit number in the crew list - to the State Border Guard and the customs authority.

[18 December 2018; 11 February 2020; 2 September 2020]

73. The documents referred to in Sub-paragraphs 72.1, 72.2, 72.3 and 72.4 of this Regulation shall be submitted at least two hours before the estimated time of arrival of a ship at the first berth of a port.

74. The documents referred to in Sub-paragraphs 72.5 and 72.6 of this Regulation shall be submitted:

74.1. at least twenty-four hours before arrival of the ship at the port;

74.2. if the voyage time is less than twenty four hours - at the latest, at the time the ship leaves the previous port;

74.3. if the next port of call is not known or it changes during the voyage - as soon as this information has become known.

75. If it is intended to unload goods subject to veterinary, phytosanitary and food safety control, control of the safety of non-food products, quality and classification control from a ship, the agent of such ship, or if there is not any, a shipping company or the master of the ship shall make a notation thereon in the International Freight Logistics and Port Information System (SKLOIS) (concurrently with submitting the ships manifest).

[18 December 2018]

76. If after submitting the documents referred to in Paragraph 72 of this Regulation (before the arrival of a ship at at the first berth of a port) changes have occurred in the information included therein, an agent of the ship, but if there is not any, a shipping company or the master of the ship shall immediately submit the relevant documents repeatedly.

77. Not later than two hours before the estimated time of departure of a ship from the berth in order to leave the port, the agent of such ship, but if there is not any, a shipping company or the master of the ship shall electronically submit the following documents referred to in the FAL Convention by using the International Freight Logistics and Port Information System (SKLOIS):

77.1. the General Declaration (FAL Form 1) - to the port authority, the State Border Guard, the customs authority and, if it is intended to load goods subject to veterinary, phytosanitary and food safety control, control of the safety of non-food products, quality and classification control on board the ship, also to the Food and Veterinary Service;

77.2. the ship's manifest on all the goods that are on board the ship - to the customs authority and, if there are goods subject to veterinary, phytosanitary, food safety control, control of safety of non-food products, quality and classification control on board the ship, also to the Food and Veterinary Service. The information indicated in Sub-paragraph 72.2 of this Regulation (except for Sub-paragraph 72.2.5.10) and a reference to an entry summary declaration if goods are exported from the customs territory of the Union shall be indicated in the ship's manifest;

77.3. the Ship's Stores Declaration (FAL Form 3) (if changes have been made therein after the ship was in port) - to the customs authority;

77.4. the Crew List (FAL Form 5) (if changes have been made therein after the ship was in port), where appropriate, by specifying the visa or residence permit number in the crew list - to the State Border Guard and the customs authority;

77.5. the Passenger List (FAL Form 6) (if there are passengers on board the ship), where appropriate, by specifying the visa or residence permit number in the crew list - to the State Border Guard and the customs authority.

[25 June 2013; 18 December 2018; 11 February 2020; 2 September 2020]

78. If it is intended to load goods subject to veterinary, phytosanitary and food safety control, control of the safety of non-food products, quality and classification control on a ship, the agent of such ship, or if there is not any, a shipping company or the master of the ship shall make a notation thereon in the International Freight Logistics and Port Information System (SKLOIS) (concurrently with submitting the ship's manifest).

[18 December 2018]

79. If after submitting the documents referred to in Paragraph 77 of this Regulation changes have occurred to the information included therein, an agent of the ship, but if there is not any, a shipping company or the master of the ship shall immediately submit the relevant documents repeatedly.

79.1 If a ship has received the permission to ensure regular shipping services in accordance with the laws and regulations in the field of customs, the information referred to in Sub-paragraphs 72.2.1, 72.2.2, 72.2.3, 72.2.4, 72.2.5.5, 72.2.5.7, and 72.2.5.9 of this Regulation shall be indicated in the ship's manifest.

[2 September 2020]

80. If the port authority, the State Border Guard, the customs authority or the Food and Veterinary Service respectively has at its disposal sufficient information regarding the ship, its cargo, ship's stores, crew, crew's effects or passengers, it may exempt the ship from submitting the documents referred to in Paragraphs 72 and 77 of this Regulation. The relevant document need not be submitted in the International Freight Logistics and Port Information System (SKLOIS), if exemptions from all control authorities which must receive the relevant document in accordance with Paragraphs 72 and 77 of this Regulation have been granted.

[18 December 2018]

81. If a ship arrives at a port from another port of Latvia or departs therefrom in order to undertake a voyage to another port of Latvia or to return to the same port without calling at the port of another country, the agent of such ship, but if there is not any, a shipping company or the master of the ship shall notify thereof the State Border Guard, customs authority and, if goods subject to veterinary, phytosanitary and food safety control, control of the safety of non-food products, quality and classification control are on board the ship, also the Food and Veterinary Service respectively, before arrival of the ship at the port or prior departure of the ship from the berth in order to leave the port. The International Freight Logistics and Port Information System (SKLOIS) or any other available means of communication shall be used for the notification. If the notification referred to in this Paragraph is provided to all control authorities which in accordance with Paragraphs 72 and 77 of this Regulation must receive the relevant documents, the documents referred to in Paragraphs 72 and 77 of this Regulation need not be submitted.

[18 December 2018]

82. The State Border Guard, the customs authority and, if it is intended to unload from a ship or load on board a ship goods subject to veterinary, phytosanitary and food safety control, control of the safety of non-food products, quality and classification control, also the Food and Veterinary Service in accordance with the competence thereof shall check whether the documents submitted in accordance with Paragraph 72 or 77 of this Regulation have been completed in accordance with laws and regulations and, where appropriate, request detailed information.

83. After receipt of the documents referred to in Paragraph 72 or 77 of this Regulation, the State Border Guard, the customs authority and, if it is intended to unload from a ship or load on board a ship goods subject to veterinary, phytosanitary and food safety control, control of the safety of non-food products, quality and classification control, also the Food and Veterinary Service shall carry out control measures in accordance with the laws and regulations governing their the operation.

84. If in carrying out the control referred to in Paragraph 83 of this Regulation, the State Border Guard establishes that there are no obstacles respectively for disembarkation of persons or departing of the ship from the berth in order to leave the port, the State Border Guard shall make a notation in the International Freight Logistics and Port Information System (SKLOIS) granting a permission to persons to disembark from the ship or for the ship to depart from the berth in order to leave the port.

[18 December 2018]

85. If in carrying out the control referred to in Paragraph 83 of this Regulation, the Food and Veterinary Service establishes that there are no obstacles for the departure of the ship from the berth in order to leave the port, the Food and Veterinary Service shall make a notation in the International Freight Logistics and Port Information System (SKLOIS) giving the permission for the ship to depart form the berth in order to leave the port.

[18 December 2018]

86. The customs authority shall provide the permission to unload goods from the ship and to load goods on board the ship in accordance with Chapter 9 of this Regulation.

[2 September 2020]

87. If in carrying out the control referred to in Paragraph 83 of this Regulation, the customs authority determines that there are no obstacles for the departure of the ship from the berth in order to leave the port, the customs authority shall make a notation in the International Freight Logistics and Port Information System (SKLOIS) giving the permission for the ship to depart form the berth in order to leave the port.

[18 December 2018]

88. The following is prohibited:

88.1. disembarkation of persons from a ship subject to border control without awaiting a notation of the State Border Guard in the International Freight Logistics and Port Information System (SKLOIS) on the provision of such permission;

88.2. unloading of goods from the ship without awaiting a notation of the customs authority in the International Freight Logistics and Port Information System (SKLOIS) on the provision of such permission;

88.3. loading of goods on board the ship without awaiting a notation of the customs authority in the International Freight Logistics and Port Information System (SKLOIS) on the provision of such permission;

88.4. departing of the ship subject to border control from the berth in order to leave the port without awaiting a notation of the State Border Guard in the International Freight Logistics and Port Information System (SKLOIS) on the completion of the border control.

[18 December 2018]

89. A duly authorised employee of the port authority (for example, the harbour master, operator of vessel traffic service) shall provide a permission for the ship to depart from the berth in order to leave the port only after the State Border Guard, the customs authority, and, if there are goods subject to veterinary, phytosanitary and food safety control, control of the safety of non-food products, quality and classification control on board the ship, also the Food and Veterinary Service, have made a notation on the provision of such permission to such ship in the International Freight Logistics and Port Information System (SKLOIS). The port authority shall not be responsible for unduly delay of a ship, if an employee appropriately authorised by the port authority has not provided the permission for departure from the berth in order to leave the port based on the fact that such permission has not been provided by the State Border Guard, the customs authority, or the Food and Veterinary Service.

[18 December 2018; 2 September 2020]

89.1 The notation of the Food and Veterinary Service referred to in Paragraph 89 of this Regulation on giving a permission for the ship to depart from the berth in order to leave the port is ensured in the International Freight Logistics and Port Information System (SKLOIS) automatically until a separate notification of the Food and Veterinary Service submitted to the Maritime Administration of Latvia that the Food and Veterinary Service renews the control referred to in Paragraph 89 of this Regulation.

[2 September 2020]

90. If there are suspicions of contracting a dangerous infectious disease or any other danger to public health, it must be notified before the arrival of a ship at a port in accordance with the laws and regulation regarding the procedures for the implementation of public health protection measures. If in accordance with these laws and regulations the Centre for Disease Prevention and Control requests the master of the ship, shipping company or agent of the ship authorised thereby to submit the maritime declaration of health, it shall be submitted electronically by using the International Freight Logistics and Port Information System (SKLOIS).

[18 December 2018]

8. Special Requirements for Border Control

91. Border controls of ships and persons shall be carried out in accordance with the requirements of the Schengen Borders Code, taking into account an assessment of the risks related to illegal immigration and internal security considerations.

92. The following documents shall be on each ship for which a border control is carried out:

92.1. the Crew List (completed FAL Form 5);

92.2. the Passenger List (completed FAL Form 6), if there are passengers on board the ship;

92.3. travel documents of the crew and passengers (they must be valid).

[11 February 2020]

93. If a recreational craft is coming from the port of such country which does not apply provisions of Schengen acquis for the abolition of border checks at the internal borders, the captain or owner, or a person authorised thereby shall, before arrival of the ship at the border crossing point or immediately after arrival of the ship at the border crossing point, submit the Crew List (FAL Form 5) to the State Border Guard, where appropriate, by specifying the visa or residence permit number in the crew list, and, if there are any passengers on the ship, the Passenger List (FAL Form 6), where appropriate, by specifying the visa or residence permit number.

[11 February 2020]

94. If a recreational craft is departing to a port of such country which does not apply provisions of Schengen acquis for the abolition of border checks at the internal borders, the captain or owner, or a person authorised thereby shall, not later than one hour before the estimated departure of the ship from the border crossing point, submit the Crew List (FAL Form 5) to the State Border Guard, where appropriate, by specifying the visa or residence permit number in the crew list, and, if there are any passengers on the ship, the Passenger List (FAL Form 6), where appropriate, by specifying the visa or residence permit number in the Passenger List (if any changes have been made in these documents after arrival of the ship at the port).

[11 February 2020]

95. If a recreational craft is coming from a port of such country which does not apply the provisions of Schengen acquis for the abolition of border checks at the internal borders, the movement of persons from the ship or on board the ship after arrival thereof at the first berth of the border crossing point shall be commenced only after receipt of permission from the State Border Guard.

96. If a recreational craft is departing to a port of such country which does not apply the provisions of Schengen acquis in respect of the abolition of border checks at the internal borders, the ship may depart from the berth at the border crossing point only after receipt of the permission from the State Border Guard.

97. The master or owner of the ship involved in the coastal fisheries or a person authorised thereby shall, once a month, submit the Crew List (FAL Form 5) to the State Border Guard.

98. If after submitting the Crew List (FAL Form 5) referred to in Paragraph 97 of this Regulation, changes have occurred in the composition of the crew of the relevant fishing vessel, the master or owner of the ship, or the authorised person thereof shall immediately, but not later than one hour prior to the estimated departure of the ship from the berth in order to leave the port, notify the State Border Guard thereof and submit a new Crew List (FAL Form 5).

99. If it is intended to admit passengers on board a ship involved in the coastal fisheries, the master or owner of the ship, or a person authorised thereby shall immediately, but not later than one hour prior to the estimated departure from the berth in order to leave the port, notify the State Border Guard thereof and submit the Passenger List (FAL Form 6).

100. In the cases referred to in Paragraphs 98 and 99 of this Regulation, a fishing vessel may depart from a berth in order to leave the port only after receipt of the permission from the State Border Guard.

101. If the fishing vessel involved in the coastal fisheries does not return to the port from which it departed within 36 hours, or does not enter another port of Latvia, the master or owner of the fishing vessel, or a person authorised thereby shall inform the State Border Guard thereof not later than within one hour counting from the end of the 36 hour period.

102. The documents referred to in Paragraphs 93, 94, 97, 98 and 99 of this Regulation shall be submitted by using the International Freight Logistics and Port Information System (SKLOIS) or any other available means of communication.

[18 December 2018]

103. If border control has been carried out for a ship, but it does not depart from the port at the previously estimated time, the master (a recreational craft operator) or owner of such ship, or a person authorised thereby shall immediately inform the State Border Guard thereof, specifying the reasons for postponement of the planned time of departure. In such case the State Border Guard shall carry out repeated border control of the ship and persons and the ship are prohibited from departing from the berth in order to leave the port without repeated permission from the State Border Guard.

104. If a master (a recreational craft operator) or owner of the ship, or a person authorised thereby has notified of the departure of the ship to a port of such country which applies the provisions of Schengen acquis for the abolition of border checks at the internal borders, but the State Border Guard has informed the harbour master that border check will be carried out for the relevant ship, the harbour master shall provide a permission for the ship to depart from the berth only after completion of the border check and receipt of the relevant permission from the State Border Guard.

9. Special Requirements for Customs Control

[2 September 2020]

105. This Chapter shall apply to ships on board which are goods that are subject to customs control in accordance with laws and regulations.

[2 September 2020]

106. A master (a recreational craft operator) or owner of a ship or their authorised person may use the information entered in the International Freight Logistics and Port Information System (SKLOIS) for the submission of the entry summary declaration specified in Article 127 of the Union Customs Code and the notification specified in Articles 133, 139, and 140 of the Union Customs Code provided that it contains the data elements specified in columns F1a, G2, and G3 of the table of data requirements included in Title I, Chapter 3, Section 1 of Annex B to Delegated Regulation No 2015/2446.

[2 September 2020]

107. Before unloading goods or empty containers from a ship, the owner, possessor of such goods or a person authorised thereby shall electronically, using the International Freight Logistics and Port Information System (SKLOIS), submit a an application to the customs authority for the receipt of a permission for the unloading of goods and empty containers. The application shall contain the following information:

107.1. the name of the ship;

107.2. the IMO identification number or MMSI number of the ship;

107.3. codes of the countries of routing of the ship;

107. 4. the commercial company carrying out ship agency services, but, if none, the shipping company - the name, legal address, EORI number (if none - the registration number), telephone number, fax number (if any), and e-mail address;

107.5. the consignor of goods;

107.6. the consignee of goods;

107.7. the port of loading of goods;

107.8. the port and berth of unloading of goods;

107.9. the name, quantity, and description of goods;

107.10. the combined nomenclature code (HS code) of goods if available;

107.11. the customs status of goods;

107.12. the number and type of the container if goods are transported in a container;

107.13. the national registration number of a heavy goods vehicle, towing vehicle, trailer, and semi-trailer if goods are carried by goods road vehicle;

107.14. a reference to an entry summary declaration if goods are imported in the customs territory of the Union directly from third country;

107.15. information on empty containers:

107.15.1. the port and berth of unloading of the container;

107.15.2. the number and type of the container.

[2 September 2020]

108. Before loading goods on board a ship, the owner, possessor of such goods or a person authorised thereby shall electronically, using the International Freight Logistics and Port Information System (SKLOIS), submit an application to the customs authority for the receipt of a permission for the loading of goods. The application shall contain the following information:

108.1. the name of the ship;

108.2. the IMO identification number or MMSI number of the ship;

108.3. codes of countries of routing of the ship;

108.4. the commercial company carrying out ship agency services, but, if none, the shipping company - the name, legal address, EORI number (if none - the registration number), telephone number, fax number (if any), and e-mail address;

108.5. the consignor of goods;

108.6. the consignee of goods;

108.7. the port and berth of loading of goods;

108.8. the port of unloading of goods;

108.9. the name, quantity, and description of goods;

108.10. the combined nomenclature code (HS code) of goods if available;

108.11. the customs status of goods;

108.12. the number and type of the container if goods are transported in a container;

108.13. the national registration number of a heavy goods vehicle, towing vehicle, trailer, and semi-trailer if goods are carried by goods road vehicle;

108.14. if it is intended to send goods outside the customs territory of the Union - a reference to a customs declaration or re-export notification registered in the Electronic Customs Data Processing System (EMDAS).

[2 September 2020]

108.1 If a ship has received the permission to ensure regular shipping services in accordance with the laws and regulations in the field of customs, the information referred to in Sub-paragraphs 107.1, 107.2, 107.3, 107.4, 107.9, 107.11, and 107.13 of this Regulation or Sub-paragraphs 108.1, 108.2, 108.3, 108.4, 108.9, 108.11, and 108.13 of this Regulation shall be indicated accordingly in the application referred to in Paragraphs 107 and 108 of this Regulation.

[2 September 2020]

108.2 If the customs authority has sufficient information at its disposal on the goods of the ship referred to in Paragraph 108.1 of this Regulation, it may exempt the ship from submitting the application referred to in Paragraphs 107 and 108 of this Regulation.

[2 September 2020]

108.3 In order to certify the customs status of Union goods, the shipping company which, in accordance with the laws and regulations in the field of customs, has received the permission to submit the certification of the customs status of Union goods in the form of a manifest of a shipping company may use the application referred to in Paragraph 107 of this Regulation.

[2 September 2020]

109. After receipt of the application referred to in Paragraph 107 or 108 of this Regulation, the customs authority shall implement control measures in accordance with the laws and regulations governing its operation.

[2 September 2020]

110. If in carrying out the control referred to in Paragraph 109 of this Regulation the customs authority establishes that there are no obstacles for the unloading of goods or empty containers from a ship or loading of goods on board a ship, the customs authority shall make a notation in the International Freight Logistics and Port Information System (SKLOIS), giving the permission for the ship to unload the goods or empty containers from the ship or load the goods on board the ship.

[2 September 2020]

9.1 Notification of Persons on Board a Passenger Ship for Search and Rescue Purposes

[11 February 2020]

110.1 Within the meaning of this Chapter:

110.1 1. the port area corresponds to the definition laid down in the laws and regulations regarding safety requirements for the passenger ships engaged in domestic voyages;

110.1 2. the persons are all persons who are on board a passenger ship regardless of the age, including crew.

[11 February 2020]

1110.2 This Chapter applies to passenger ships, except for:

110.2 1. warships and naval auxiliary;

110.2 2. recreational craft which are not used for commercial activities, regardless of the means of their propulsion;

110.2 3. the ships which are used only in the port areas or internal waters referred to in Section 1, Clause 8, Sub-paragraph "a" of the law On the State Border of the Republic of Latvia.

[11 February 2020]

110.3 Before departure of a passenger ship, a shipping company shall ensure that the number of the persons on board the passenger ship will be notified to the master of the ship and entered in the International Freight Logistics and Port Information System (SKLOIS). Before departure of a passenger ship, the master of the ship shall ensure that the number of persons on board the passenger ship does not exceed maximum number which the passenger ship may carry.

[11 February 2020]

110.4 If a voyage of a passenger ship is longer than 20 nautical miles, a shipping company shall ensure registration of the following information on the persons who are on board the passenger ship before departure of the passenger ship:

110.4 1. the surname;

110.4 2. the given name;

110.4 3. the gender;

110.4 4. the nationality;

110.4 5. the date of birth;

110.4 6. the information on a special care or assistance which may be necessary in emergency situation (if a passenger has voluntary notified thereon);

110.4 7. the contact phone number of the person to be contacted in emergency situation (if a passenger has voluntary notified thereon).

[11 February 2020]

110.5 A shipping company shall ensure that before departure of a passenger ship the information on passengers who have voluntary notified on the necessity of a special care or assistance in emergency situation would be duly registered and made known to the master of the ship.

[11 February 2020]

110.6 Immediately, however not later than 15 minutes after departure of a passenger ship, a shipping company shall ensure that the information referred to in Paragraph 110.4 of this Regulation would be entered in the International Freight Logistics and Port Information System (SKLOIS).

[11 February 2020]

110.7 A shipping company (as soon as the relevant information is at the disposal thereof) shall ensure that the following notations are made in the International Freight Logistics and Port Information System (SKLOIS) on the voyage of the passenger ship on which the information referred to in Paragraph 110.4 of this Regulation is notified:

110.7 1. that the voyage has been safely completed;

110.7 2. that during the voyage an emergency situation or accident has occurred;

110.7 3. that all investigations and legal proceedings related to the emergency situation or accident referred to in Sub-paragraph 110.7 2 of this Regulation have been completed.

[11 February 2020]

110.8 The competent authority which has the right to access the information on personal data referred to in this Chapter has:

110.8 1. the right to make a notation that during the voyage an emergency situation or accident has occurred;

110.8 2. the right to make a notation that the authority has commenced the investigation related to the emergency situation or accident referred to in Sub-paragraph 110.8 1 of this Regulation;

110.8 3. the obligation to immediately make a notation that the authority has completed the investigation related to the emergency situation or accident referred to in Sub-paragraph 110.8 1 of this Regulation and that the legal proceedings related thereto have been completed.

[11 February 2020]

110.9 If a passenger ship which flies the flag of a country other than a Member State of the European Union departs from the port outside the European Union and the next port of call of the voyage thereof is in Latvia, a shipping company shall ensure that the information referred to in Paragraphs 110.3 and 110.4 of this Regulation would be notified in accordance with the same procedures as laid down in this Chapter for a passenger ship which departs from a port of Latvia.

[11 February 2020]

110.10 If a passenger ship which flies the flag of Latvia departs from a port outside the European Union and the next port of call of the voyage thereof is in the European Union, the shipping company shall ensure that the information referred to in Paragraphs 110.3 and 110.4 of this Regulation would be notified in accordance with the laws and regulations of the relevant European Union Member State on the registration of such persons who are on board passenger ships which are going to ports of European Union Member States or are departing therefrom.

[11 February 2020]

110.11 A shipping company which has undertaken the responsibility for the operation of the passenger ship shall:

110.11 1. appoint a registrar;

110.11 2. introduce the procedure for the registration of information regarding the persons who are on board the passenger ship of the shipping company in order for the information referred to in this Chapter to be notified precisely and on time;

110.11 3. ensure that the procedure for the registration of information regarding the persons who are on board the passenger ship of the shipping company does not delay embarking and disembarking of passengers;

110.11 4. ensure that information on the persons who are on board the passenger ship of the shipping company is not collected for several times during one or similar voyages of the passenger ship.

[11 February 2020]

110.12 The Maritime Administration of Latvia shall inspect on regular basis whether the procedure for the registration of information regarding the persons who are on board the passenger ship of the shipping company conforms to the requirements of this Chapter. If the Maritime Administration of Latvia establishes non-conformity, the shipping company is obliged to eliminate it without delay.

[11 February 2020]

110.13 The Coast Guard Service shall control whether the information on persons who are on board the passenger ship of the shipping company is entered in in the International Freight Logistics and Port Information System (SKLOIS).

[11 February 2020]

110.14 The information referred to in this Chapter shall be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The shipping company shall ensure that the information which is collected and registered in accordance with this Chapter is deleted without delay as soon as the relevant passenger voyage has safely ended and the information referred to in Paragraph 110.4 of this Regulation is entered in the International Freight Logistics and Port Information System (SKLOIS), unless otherwise provided by other laws and regulations.

[11 February 2020]

10. Port Formalities in Special Cases

111. Ships and persons on board which participate in measures for the liquidation of the consequences of marine pollution or other types of disasters shall be subject only to the control of the State Border Guard.

112. Ships which are planning to enter the port only to carry ashore a sick or injured crew member, a passenger, a person rescued in the sea or another person who needs emergency medical assistance, and afterwards planning to immediately depart from the port shall be subject to the following port formalities:

112.1. as soon as the port is known in which it is planned to convey the person for the receipt of emergency medical assistance, the master or owner of the ship (a recreational craft operator), or a person authorised thereby (for a recreational craft - also a yacht club at which the craft is intended to call) shall, by using any available means of communication, notify the following to the Coast Guard Service, the Emergency Medical Assistance Service and the State Border Guard:

112.1.1. intent to enter the port in order to convey a person for the receipt of emergency medical assistance;

112.1.2. the identification data of the person which is planned to be conveyed for the receipt of emergency medical assistance;

112.1.3. the planned time of arrival of the ship at the port;

112.2. upon a request of the relevant control authority shall submit the maritime declaration of health and general declaration.

113. The Coast Guard Service, the Emergency Medical Assistance Service and the State Border Guard, where appropriate, by involving also other institutions, shall co-ordinate control of the formalities referred to in Paragraph 112 of this Regulation and provision of assistance to a person for whom emergency medical assistance is necessary by complying with the requirements of Chapter 2, Sub-chapter H of Annex to the FAL Convention.

11. Closing Provisions

114. The following Regulations are hereby repealed:

114.1. Cabinet Regulation No. 839 of 7 September 2010, Regulations Regarding Formalities Related to Ships Arriving in and Departing from Port (Latvijas Vēstnesis, 2010, No. 145);

114.2. Cabinet Regulation No. 592 of 9 August 2005, Procedures by which Notifications Regarding Dangerous and Polluting Ship Cargoes are Provided (Latvijas Vēstnesis, 2005, No. 126; 2005, No. 197; 2010, No. 206; 2011, No. 140).

115. [18 December 2018]

116. [18 December 2018]

117. [18 December 2018]

118. [18 December 2018]

119. [18 December 2018]

120. Paragraphs 107, 108, 109 and 110 of this Regulation shall come into force from 1 July 2012.

121. [18 December 2018]

122. Cabinet Regulation No. 747 of 23 December 2003, Procedures for the Registration of Ship Passengers (Latvijas Vēstnesis, 2003, No. 183; 2005, No. 143), is repealed.

[25 June 2013]

123. The Ministry of Transport shall ensure that until 19 December 2023 the functionality necessary for the fulfilment of the notification obligations referred to in Chapter 9.1 of this Regulation is developed in the International Freight Logistics and Port Information System (SKLOIS).

[11 February 2020]

124. Until the development of the functionality referred to in Paragraph 123 of this Regulation, a shipping company shall ensure:

124.1. that a system for the registration of information regarding the persons who are on board the passenger ship of the shipping company is operating, and shall select a registrar who is additionally responsible that the information regarding such persons is kept;

124.2. the notification of the contact information of the registrar to the Coast Guard Service;

124.3. the notification of the information referred to in Paragraphs 110.3 and 110.4 of this Regulation to the registrar;

124.4. that clear and legible information regarding persons who are on board the passenger ship of the shipping company would be available for the Coast Guard Service in emergency situation or after accident for search and rescue purposes;

124.5. that the procedure for registration of information regarding the persons who are on board the passenger ship of the shipping company, including the registration system and data processing, would meet the requirements of Chapter 9.1 of this Regulation;

124.6. that information regarding the persons who are on board the passenger ship of the shipping company would be deleted as soon as it is not necessary for search and rescue purposes and for the needs of investigation or legal proceedings related to an emergency situation or accident.

[11 February 2020]

125. After development of the functionality referred to in Paragraph 123 of this Regulation, however not longer than until 19 December 2023, a shipping company has the right not to enter the information referred to in Paragraph 110.3 and 110.4 of this Regulation in the International Freight Logistics and Port Information System (SKLOIS), but apply the procedures referred to in Paragraph 124 of this Regulation.

[11 February 2020]

Informative Reference to the European Union Directives

[25 June 2013; 3 January 2017 11 February 2020]

This Regulation contains legal norms arising from:

1) 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;

2) 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;

3) 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;

4) Directive 2011/15/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;

5) Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues;

6) Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships;

7) Commission Directive 2007/71/EC of 13 December 2007 amending Annex II of Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues;

8) Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community;

9) Commission Directive (EU) 2015/2087 of 18 November 2015 amending Annex II to Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues;

10) Directive (EU) 2017/2109 of the European Parliament and of the Council of 15 November 2017 amending Council Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community and Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States.

Prime Minister V. Dombrovskis

Minister for Transport A. Ronis

 

Annex 1
Cabinet Regulation No. 339
15 May 2012

[3 January 2017]

Notification of the Waste Delivery

Port of destination: ____________________________________

1. SHIP PARTICULARS

1.1 Name of ship: 1.5 Owner or operator:
1.2 IMO number:
Call sign:
1.6 Distinctive number or letters:
1.3 Gross tonnage: 1.7 Flag State:
1.4 Type of a ship:
  Oil tanker Chemical tanker Bulk carrier Container
  Other cargo ship Passenger ship Ro-ro Other (specify)

2. PORT AND VOYAGE PARTICULARS

2.1 Location/Terminal name: 2.6 Last port where waste was delivered:
2.2 Arrival date and time: 2.7 Date of last delivery:
2.3 Departure date and time: 2.8 Next port of delivery (if known):
2.4 Last port and country: 2.9 Person submitting this form is (if other than the master):
2.5 Next port and country (if known):

3. TYPE AND AMOUNT OF WASTE FOR DISCHARGE TO FACILITY

Table 1

MARPOL Annex I - Oil Quantity (m3)   MARPOL Annex V - Garbage Quantity (m3)
Oily bilge water     Plastic  
Oily residues (sludge)     Food waste  
Oily tank washings     Domestic waste  
Dirty ballast water     Cooking oil  
Scale and sludge from tank cleaning     Incinerator ash  
Oily cargo residues1     Operational waste  
Other (specify)     Cargo residues2, 4  
MARPOL Annex II - NLS Quantity (m3)/Name1

  Animal carcass (es)  
Tank washings containing category X substances     Fishing gear  
Tank washings containing category Y substances     Other wastes (specify)  
Tank washings containing category Z substances     MARPOL Annex VI - Air pollution

Quantity (m3)
Tank washings containing other substances     Ozone-depleting substances and equipment containing such substances  
Prewash     Exhaust gas-cleaning residues  
Cargo residues containing category X, Y, Z substances1        
Ballast water containing category X, Y, Z substances        
Other (specify)        
MARPOL Annex IV - Sewage2 Quantity (m3)      
Sewage        

1. If delivering all waste on board at this port please tick the box below and complete column 6 of Table 2 below.

I confirm that I am delivering all the waste held on the board of this vessel (as shown above in Table 1) at this port.

2. Please state below in Table 2 the approximate amount of waste remaining on board and maximum storage capacity. If delivering some or no waste, please complete all columns.

Table 2

Type Maximum dedicated storage capacity m3 Amount of waste retained on board m3 Port at which remaining waste will be delivered (if known) Estimate amount of waste to be generated between notification and next port of call m3 Waste that has been delivered at the last port of delivery identified under point 2.6 above, m3
1 2 3 4 5 6
MARPOL Annex I - Oil
Oily bilge water          
Oily residues (sludges)          
Oily tank washings          
Dirty ballast water          
Scale and sludge from tank cleaning          
Oily cargo residues2          
Other (specify)          
MARPOL Annex II - NLS
Tank washings containing category X substances          
Tank washings containing category Y substances          
Tank washings containing category Z substances          
Tank washings containing other substances          
Prewash          
Cargo residues containing category X, Y, Z substance2          
Ballast water containing category X, Y, Z substances          
Other (specify)          
MARPOL Annex IV - Sewage3
Sewage          
MARPOL Annex V - Garbage
Plastic          
Food waste          
Domestic waste          
Cooking oil          
Incinerator ash          
Operational waste          
Cargo residues2 (specify)4          
Animal carcass (es)          
Fishing gear          
Other wastes (specify)          

1 Indicate the proper shipping name of the NLS involved.

2 May be estimates.

3 Do not complete the corresponding boxes, if there is the intention to make an authorised discharge at sea in accordance with Regulation 11 of Annex IV of MARPOL Convention.

4 Cargo residues shall be specified and categorised according to the relevant Annexes of Marpol, in particular Marpol Annexes I, II and V. Indicate the proper shipping name of the dry cargo.

I confirm that the above details are accurate and correct, and there is sufficient dedicated on-board capacity to store all waste generated between notification and next port at which waste will be delivered.

Date Name and position    
Time Signature    

 

Annex 2
Cabinet Regulation No. 339
15 May 2012

[2 September 2020]

Ship Pre-Arrival Security Information

1.1 IMO number 1.2 Name of ship 1.3 Port of registry 1.4 Flag State 1.5 Type of ship
1.6 Call sign 1.7 Inmarsat call numbers1 1.8 Gross tonnage 1.11 Name and 24-hour contact details of company's security officer
1.9 Name of company 1.10 IMO Company identification number
2.1 Port of arrival and port facility where the ship is to berth 2.2 Date/time of arrival 2.3 Primary purpose of call
3.1 The ship is provided with a valid:

ISSC certificate Yes No

Interim ISSC certificate Yes No

3.1.1 Issuer/expiry date 3.1.2 If NO, state reasons a certificate is not on board
3.1.2.1 Does the ship have an approved security plan on board?

Yes No

3.2 Current security level

1 2 3

3.2.1 Location of the ship at time the report is made
3.3 The last ten calls at port facilities where the ship conducted ship/port interface2 in chronological order beginning with most recent
No Period Port, country, port facility, and UNLOCODE1 Security level 3.3.1 Did the ship take any special or additional security measures beyond those specified in the approved ship security plan? Indicate YES or NO below.

3.3.2 If YES, explain, in each case details below

From (Date/time)

To (Date/time)

1          
2          
3          
4          
5          
6          
7          
8          
9          
10          
3.4 Ship-to-ship activities3 during the period specified in 3.3 in chronological order beginning with most recent. If the ship was not engaged in any ship-to ship activities during that period indicate

Not applicable

No (from 3.3.) Period Location or latitude and longitude Ship-to-ship activity

3.4.1 Have the ship security procedures specified in the approved security plan been maintained? Indicate YES or NO below

3.4.2 If NO, identify the ship-to-ship activities for which the ship security procedures were not maintained and indicate below, for each, the security measures which were applied in lieu

From (Date/time)

To (Date/time)

           
           
           
           
           
3.5 General description of cargo 3.5.1 Is the ship carrying any dangerous substances as cargo?

Yes No

If YES, provide details or attach Dangerous Goods Manifest (IMO FAL Form 7)4

Attached documents

3.5.2 Dangerous Goods Manifest (IMO FAL Form 7)

3.6 Passenger list (IMO FAL Form 6)

3.7 Crew list (IMO FAL Form 5)

4.1 Are there other security matters you wish to report?

No Yes 4.1.1 If YES, provide details5:

5.1 Title/name/surname and contact details (telephone number) of the agent at port of arrival 6.1 Name and surname of a person preparing the report
6.2 Position of a person preparing the report 6.3 Signature of a person preparing the report Location of a person preparing the report Time Date

1 If available

2 Ship/port interface means ship/port interface as defined in SOLAS regulation XI-2/1.1.8.

3 Ship-to-ship activity means ship-to-ship activity as defined in SOLAS regulation XI-2/1.1.10, taking into consideration also explanation in paragraph B/4.38 of the International Ship and Port Facility Security Code.

4 Dangerous substances as cargo means the carriage of substances, materials and articles covered by the IMDG Code and falling under the following classes of dangerous goods irrespective of whether these are carried in bulk or packed form:

- Class 1: Explosives

- Class 2.1: Flammable gas

- Class 2.3: Toxic gases

- Class 3 Flammable liquids

- Class 4.1: Flammable solids, self-reactive substances and desensitized explosives

- Class 5.1: Oxidizing substances

- Class 6.1: Toxic substances

- Class 6.2: Infectious substances

- Class 7: Radioactive material

- Class 8: Corrosive substances

This information may be extracted from the Dangerous Goods Manifest (IMO FAL Form 7) or the whole Dangerous Goods Manifest may be submitted.

5 Other security-related matters include but are not limited to the carriage of stowaways or any persons rescued at sea. When reporting persons rescued at sea please see the guidance provided in paragraph B/4.38.3 of the International Ship and Port Facility Security Code.

Minister for Transport A. Ronis


Translation © 2021 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Noteikumi par ostu formalitātēm Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 339Adoption: 15.05.2012.Entry into force: 01.06.2012.Publication: Latvijas Vēstnesis, 85, 31.05.2012.
Language:
LVEN
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