Act No. 261 / 2011 Coll.
Act amending Act No. 61 / 2000 Coll., on Maritime Navigation, as amended
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Law
Effective from 01.01.2012
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01.01.2012
31.08.2011
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261
THE LAW
of 22 July 2011
amending Act No. 61 / 2000 Coll., on maritime navigation, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 61 / 2000 Coll., on maritime navigation, as amended by Act No. 136 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 310 / 2008 Coll. and Act No. 227 / 2009 Coll., is amended as follows:
1. In Article 1 (1), the introductory part of the provision reads: "This law implements the relevant provisions of the European Union1) and regulates'.
2. footnote 1 shall read:
"(1) Council Directive 96 / 98 / EC of 20 December 1996 on marine equipment. Directive 2002 / 59 / EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic control and information system and repealing Council Directive 93 / 75 / EEC. Directive 2005 / 35 / EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements. Directive 2005 / 45 / EC of the European Parliament and of the Council of 7 September 2005 on the mutual recognition of seafarers' certificates issued by Member States and amending Directive 2001 / 25 / EC. Directive 2001 / 25 / EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers. Directive 2003 / 103 / EC of the European Parliament and of the Council of 17 November 2003 amending Directive 2001 / 25 / EC on the minimum level of training of seafarers. Directive 2005 / 33 / EC of the European Parliament and of the Council of 6 July 2005 amending Directive 1999 / 32 / EC as regards the sulphur content of marine fuels. Council Directive 2009 / 13 / EC of 16 February 2009 implementing the Agreement to the Maritime Labour Convention 2006 concluded by the European Community Maritime Ship Operators Association (ECSA) and the European Transport Workers' Federation (ETF) and amending Directive 1999 / 63 / EC. Directive 2009 / 15 / EC of the European Parliament and of the Council of 23 April 2009 establishing common rules and standards for ship inspection and survey organisations and for the related activities of maritime administrations. 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 control and information system. Directive 2009 / 18 / EC of the European Parliament and of the Council of 23 April 2009 laying down the principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999 / 35 / EC and Directive 2002 / 59 / EC of the European Parliament and of the Council. Directive 2009 / 20 / EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claims. Directive 2009 / 21 / EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements. ';
3. In Article 2 (1), the words "and recreational yachts' are deleted and the words" last 'are inserted after the words "after'.
4. In Article 2 (5), the words "for maritime navigation for foreign purposes for profit 'are deleted.
5. Paragraph 2 (6) is deleted;
Paragraphs 7 to 10 shall be renumbered paragraphs 6 to 9.
6. Paragraph 2 (9), including footnote 28, reads:
"(9) A recognised classification society is a classification society recognised by the European Commission (" the Commission ') under the directly applicable European Union28 Regulation.
28) Regulation (EC) No 391 / 2009 of the European Parliament and of the Council of 23 April 2009 establishing common rules and standards for ship inspection and survey bodies. '.
7. In Article 2, paragraph 10 is added:
"(10) The international certificate shall be a certificate of construction and equipment of a seagoing vessel showing that the seagoing vessel complies with the requirements laid down in the international agreement, which forms part of the legal order and governs the area of maritime navigation (hereinafter referred to as the" Maritime Convention ") 3. '.
8. in Article 8 (1) (b) and Article 11 (3) (g), the word "recognised" shall be inserted after the words "manufacturer or";
9. in Paragraph 8 (1) (d), including footnote 29:
"(d) the call sign and, where appropriate, the additional radio identification marking of the ship assigned and used under other legislation29);
29) Paragraph 16 (4) of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications). Decree No. 155 / 2005 Coll., on the method of making call marks, identification numbers and codes, their use and the types of radio communications services for which they are required. ';
10. in Article 9 (1), the following point (b) is inserted after point (a), including footnote 30:
"(b) the operator of the ship complies with the requirements laid down in the International Convention for the Safety of Life at Sea 30 (" the International Convention for SOLAS ") for the introduction of a system of safe operation management on board,
30) International Convention on the Safety of Life at Sea (SOLAS), 1974, notified under No 52 / 1995 Coll. '
Points (b) and (c) shall be renumbered (c) and (d).
11. in Article 9, the following paragraph 2 is inserted after paragraph 1, including footnote 31:
"(2) If the Authority decides to register a seagoing vessel, it shall, immediately after this Decision, allow the seagoing vessel operator to access, to the extent necessary, the seagoing vessel information exchange system in accordance with European Union31).
31) Directive 2009 / 17 / EC of the European Parliament and of the Council. '.
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
12. The following Section 11a is inserted after Section 11:
Provision of data on seagoing vessels
(1) The Office shall immediately provide, at the request of the competent authority of a Member State of the European Union or of a Contracting State of the Maritime Convention, data relating to a seagoing vessel which is or has been registered in a maritime register for the purpose of verifying its technical competence, with:
(a) inspections of seagoing vessels registered in the maritime register carried out under State surveillance;
(b) recognised classification societies which issue classification grade certificates and international certificates under this law;
(c) maritime accidents involving seagoing vessels registered in the maritime register; and
(d) seagoing vessels which have been deleted from the maritime register in the last 12 months.
(2) In order to provide the data, the Office shall keep the data provided for in paragraph 1. "
13. The heading above Section 12 is deleted.
14. Paragraph 12, including the title, reads:
Technical competence of the ship
The ship shall be technically fit for navigation when designed, constructed and maintained in accordance with the requirements of the Maritime Convention and the Regulations recognised by the classification society. ';
15. The following Sections 12a to 12m are inserted after Section 12, including the headings and footnotes No 32 to 35:
Compliance with the requirements of a recognised classification society shall be verified by the granting of a classification class under its regulations.
(1) Compliance with the requirements of maritime conventions is approved by the Office upon request.
(2) Only the applicant is a party to the proceeding.
(3) The Authority will approve the compliance of the ship with the requirements of the maritime conventions where:
(a) the ship, its construction, equipment and safe operation control system on board complies with the requirements of maritime conventions;
(b) seagoing equipment on board shall bear a mark of conformity and comply with the requirements laid down in the Government Regulation on Technical Requirements for Marine Equipment (32), or where the Authority has issued a permit to place seagoing equipment on board a ship;
(c) a ship with a gross tonnage exceeding 300 tonnes is equipped with an automatic long-distance identification and monitoring system;
(d) a ship with a gross tonnage exceeding 3000 tonnes shall be equipped with recording equipment which serves to obtain data facilitating the professional detection of the causes of marine accidents or incidents (hereinafter referred to as the "navigation data recording equipment").
(4) Before approving the compliance of the ship with the requirements of the maritime conventions, the Authority shall carry out inspections and tests under those maritime conventions to determine whether the conditions laid down in paragraph 3 are met. The tests referred to in the first sentence shall be carried out only to the extent that compliance with the conditions laid down in paragraph 3 is not supported by the supporting documents. The operator of the ship shall ensure the necessary synergies in order to carry out the inspections and tests, in particular:
(a) communicate in good time, in agreement with the Office, the place and time of the inspection of the ship;
(b) allow entry to the ship;
(c) ensure safe access to the ship;
(d) follow the instructions of the persons responsible for carrying out the inspections.
(5) Where necessary for the approval of compliance with the requirements of the maritime conventions, the Office shall contact the competent authority of the Member State of the European Union in whose register the ship has been registered with a request for the provision of inspection data and marine accidents.
(6) The costs of carrying out the examinations and tests referred to in paragraph 4 shall be borne by the applicant.
(7) If the Office fully accepts the request for approval of the ship's compliance with the requirements of the maritime conventions, it shall issue an international certificate instead of a written copy of the decision.
International certificate
(1) International certificates are:
(a) a certificate of safe construction of a ship under the International SOLAS Convention;
(b) a certificate of rescue equipment for a ship under the International SOLAS Convention;
(c) a certificate of radio equipment for a ship under the International SOLAS Convention;
(d) an exemption certificate from the technical requirements of the International SOLAS Convention;
(e) safety management certificates under the International SOLAS Convention;
(f) a certificate on the safety of the ship with regard to the prevention of oil pollution pursuant to the International Convention for the Prevention of Pollution from Ships 33 (hereinafter referred to as the International Marpol Convention);
(g) the certificate of safety of the ship with regard to prevention of pollution by liquid pollutants under the International Marpol Convention;
(h) the ship's safety certificate with regard to prevention of waste water pollution under the International Marpol Convention;
(i) certificates under the International Convention on Load Lines (34) ("the International Convention Load Line");
(j) exemption certificates under the Load Line International Convention;
(k) other international certificates provided for in maritime conventions.
(2) If the conditions laid down in the International SOLAS Convention are fulfilled, the Office shall issue a certificate of safety of the ship instead of the certificates referred to in paragraph 1 (a) to (c).
(3) The Maritime Conventions specify which international certificates are required for each type of ship.
(4) International certificates shall be valid for 5 years from their issue.
(1) The Authority, at the request of the operator of the ship, shall grant an exemption, in accordance with the Maritime Conventions, from the requirements laid down in Article 12b (3), provided that such exemption does not impair the technical competence of the ship, endanger human life or the marine environment.
(2) Only the applicant is a party to the exemption procedure.
(3) If the Office fully accepts the request for exemption, in accordance with the Maritime Conventions
(a) issue an international exemption certificate instead of a written copy of the decision granting the exemption; or
(b) record the exemption granted on the relevant international certificate.
(4) The exemption shall be granted for the period during which the international certificate is valid, certifying compliance with the requirements from which the exemption is granted.
Regular inspections
(1) According to maritime conventions, the Office carries out regular inspections of ships registered in the maritime register and flying the flag of the Czech Republic. The operator of the ship shall be obliged to provide the necessary synergies to carry out the inspections, in particular:
(a) communicate in good time, in agreement with the Office, the place and time of the inspection of the ship;
(b) allow entry to the ship;
(c) ensure safe access to the ship;
(d) follow the instructions of the persons responsible for carrying out the inspections.
(2) The Authority shall verify at regular inspections that the construction of the ship and its equipment comply with the requirements of the maritime conventions.
(3) The Office shall record the conduct of the regular inspection on the international certificate.
(4) The cost of carrying out periodic inspections is borne by the ship's operator.
(5) If the operator of the ship does not allow regular inspections to be carried out within the period specified in the Maritime Convention, the international certificate shall cease to be valid.
Extension of the international certificate
(1) If the Authority approves the compliance of the ship with the requirements of the maritime conventions, it shall, upon request, extend the validity of the existing international certificate if the applicant demonstrates that the new international certificate cannot be delivered to the master before the expiry of the existing international certificate, but no longer than 5 months.
(2) The Office shall, upon request, extend the validity of the existing international certificate for the period strictly necessary for the ship to complete its journey to a port where an inspection may be carried out in accordance with Article 12b (4), provided that the extension of the existing international certificate does not jeopardise the safety of human life or the marine environment.
Withdrawal of an international certificate
The Office shall withdraw the ship's international certificate if the ship no longer complies with the requirements of the maritime conventions.
Authorisation to place marine equipment on board a ship
(1) If a seagoing installation does not comply with the requirements laid down in the Government Regulation on technical requirements for seagoing equipment and does not bear a mark of conformity, it may be placed on board ships only on the basis of the Authority's authorisation.
(2) The Authority shall issue the authorisation referred to in paragraph 1 at the request of the operator of the ship, in the case of:
(a) newly developed marine equipment and such equipment shall ensure the same level of safety and efficiency as those approved under the Regulation on technical requirements for marine equipment; or
(b) marine equipment which is subject to testing, which is intended exclusively for testing purposes and does not replace the marine equipment which is on board the ship in accordance with the Government Regulation on Technical Requirements for Marine Equipment.
(3) Where the maritime installation referred to in paragraph 2 is a radio communication device, the Authority shall issue the authorisation referred to in paragraph 1 only on condition that it does not adversely affect the radio frequency spectrum.
(4) Only the applicant shall be a party to the application for authorisation to place the marine equipment on board the ship.
(5) Compliance with the conditions for granting the authorisation referred to in paragraph 2 (a) shall be demonstrated by an assessment issued by a recognised classification society which must be accompanied by an application for authorisation.
(6) In the authorisation, the Authority will determine the conditions for the use of maritime equipment. For the purposes of this Regulation, the following definitions apply: (b) the Authority shall limit the time strictly necessary to carry out the testing, but not more than 12 months. The authorisation shall be kept on board the ship for as long as the seagoing gear is on board the ship.
(7) The Authority will send the information specified in the authorisation to the Commission and the competent authorities of the Member States of the European Union within 1 month of its issue.
(1) The Authority may entrust a recognised classification society with a public contract
(a) by approving the compliance of the ship with the requirements of the maritime conventions, with the exception of decisions on exemption under Article 12d, and by issuing international certificates;
(b) carrying out ship inspections and tests in connection with the approval of the ship's compliance with the requirements of maritime conventions;
(c) carrying out periodic inspections;
(d) extending the validity of international certificates;
(e) withdrawing international certificates.
(2) The Authority shall terminate the public contract if it finds, in the course of the activity of a recognised classification society which it has delegated pursuant to paragraph 1 (hereinafter referred to as "the entrusted company," serious deficiencies or if the Commission has withdrawn the approved companies' recognition under the directly applicable European Union28 Regulation. The period of notice shall be six months.
(3) In a public contract, grounds for termination other than those referred to in paragraph 2 may be negotiated.
(4) The public contract must define:
(a) the scope of the mandate to exercise the public administration;
(b) the scope of cooperation in the preparation of rules relating to the approval of the technical competence of ships;
(c) a list of the rules applicable to the activities of the entrusted company;
(d) information which the Parties are obliged to communicate, including procedures and time limits;
(e) confidentiality obligations;
(f) liability for damage incurred in carrying out activities within the scope of the mandate;
(g) the procedures for regular checking by the Office of the entrusted company;
(h) random and detailed inspection procedures for ships;
(i) the procedure for amending the contract;
(j) the dispute settlement procedure between the Contracting Parties;
(k) access to the internal rules of the entrusted company;
(l) access to documentation relating to ships flying the flag of the Czech Republic,
(m) notice period and grounds for notice.
(1) The Authority shall control the activities of the entrusted company at least every two years.
(2) The entrusted company is required to inform the Office of:
(a) classified ships and changes, suspensions and withdrawals of classification classes of ships flying the flag of the Czech Republic;
(b) international certificates issued and withdrawn, the results of inspections carried out and the extension of international certificates concerning ships flying the flag of the Czech Republic;
(c) internal rules concerning the design, construction, equipment, maintenance and survey of ships.
(3) The Office shall inform the entrusted company of the authorisations issued for the placing on board the ship of marine equipment and of the exceptions granted to the requirements of the maritime conventions.
(4) Information obtained pursuant to paragraph 3 may not be communicated by the designated company to third parties.
(1) The Office may negotiate with the entrusted company that, in the event of damage caused by the entrusted company by negligence, the amount of the regression payment by the Office under the law governing liability for damage caused by the exercise of public authority will be limited by a decision or by an incorrect official post35). However, such contractually limited regression payments may not be lower than:
(a) EUR 4 million in compensation for damage caused to health or death;
(b) EUR 2 million in compensation for property damage.
(2) For the purposes of this provision, the foreign exchange market rate established by the Czech National Bank on the date of application of the claim for compensation before the competent authority shall be used for the conversion into Czech currency of the amount in EUR referred to in paragraph 1.
Proceedings before the entrusted company
(1) Documents may be negotiated and submitted in English in proceedings before the entrusted company.
(2) The Office shall decide on the appeal against the decision of the entrusted company.
(1) The Office shall inform the Commission of public contracts concluded under this Law and of public contracts which it has given notice to.
(2) If the Authority finds that the ship poses a serious threat to safety and the marine environment as a result of the serious misconduct of the entrusted company, it shall inform the Commission and the other Member States of the European Union thereof.
(3) The Authority shall notify the procedure referred to in paragraph 2 to the entrusted company without undue delay.
(4) The Authority shall inform the Commission and the other Member States of the European Union of the results of the regular checks carried out by the designated companies pursuant to Article 12j (1) by 31 March of the year following that in which the inspection was carried out.
32) Government Decree No. 266 / 2009 Coll., on Technical Requirements for Marine Equipment, as amended.
33) Protocol 1978 to the International Convention for the Prevention of Pollution from Ships (MARPOL), 1973, notified under No 71 / 1995 Coll.
34) International Convention on Load Markings, 1966, notified under No 129 / 1969 Coll.
35) Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by decision or incorrect official procedure and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended. "
16. Paragraph 13, including the title and footnote 36, reads as follows:
Technical competence of seagoing yachts for maritime navigation
(1) The seagoing yacht is technically fit for maritime navigation if its construction, technical condition and equipment guarantee its ability to sail safely and does not endanger the safety and health of persons, property and marine environment.
(2) The technical competence of a seagoing yacht for maritime navigation shall be demonstrated by demonstrating compliance with the requirements for seagoing yacht equipment which guarantees its safe navigation without endangering the safety and health of persons, property and marine environment; and
(a) the designation of a seagoing yacht by means of a conformity mark in accordance with the special legislature36);
(b) another document showing that the seagoing yacht, in terms of construction, design and in terms of exhaust and noise emissions, adequately complies with the requirements laid down in the specific legislation36), where the seagoing yacht does not need to be marked with a conformity mark; or
(c) an assessment by a recognised classification society according to its internal rules.
(3) The equipment of a seagoing yacht which guarantees the safe sailing of a seagoing yacht without endangering the health of persons, property and marine environment and which must be on board a seagoing yacht is provided for in the implementing legislation.
36) Government Decree No 174 / 2005 Coll., laying down technical requirements for recreational craft, semi-manufactured recreational craft and their selected parts, for water scooters and propulsion engines for recreational craft and water scooters. '
17. The following Sections 13a to 13e are inserted after Section 13:
(1) Where, in addition to the conditions set out in Section 13, a seagoing yacht must also comply with the requirements of the maritime conventions, the compliance of which shall be demonstrated by the international certificate referred to in Section 12c (1) (h) or (k), they shall apply mutatis mutandis for the approval of the compliance of the seagoing yacht with the requirements set out in these Conventions.
(2) Where a seagoing yacht has to be equipped with marine gear according to maritime conventions, the seagoing gear shall bear a conformity mark showing that the seagoing gear complies with the requirements laid down in the Government Regulation on Technical Requirements for Marine Equipment; Article 12h shall apply mutatis mutandis.
(1) The technical competence of a seagoing yacht for maritime navigation shall be approved by the Authority on request if the conditions set out in Section 13 are met.
(2) The application must be accompanied by documents demonstrating compliance with the requirements set out in Section 13.
(3) Only the applicant is a party to the procedure for the approval of a seagoing yacht's technical competence for maritime navigation.
(4) Before approving the technical competence of a seagoing yacht for maritime navigation, the Authority will carry out an inspection of the seagoing yacht to determine whether the conditions set out in Section 13 are met. The seagoing yacht operator shall be obliged to ensure the necessary synergies in order to carry out a survey of the seagoing yacht, in particular:
(a) communicate, in agreement with the Office, the place and time of the inspection of the sea yacht in sufficient time;
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Regulation Information
| Citation | Act No. 261 / 2011 Coll., amending Act No. 61 / 2000 Coll., on Maritime Navigation, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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