What is Act No. 310 / 2008 Coll.?

Act No. 310 / 2008 Coll., amending Act No. 61 / 2000 Coll., on Maritime Navigation, as amended — Act amending Act No. 61 / 2000 Coll., on Maritime Navigation, as amended.

When it became Act No. 310 / 2008 Coll. effectiveness?

Act No. 310 / 2008 Coll. became effective 01.01.2009.

Is Act No. 310 / 2008 Coll. still valid?

Yes, Act No. 310 / 2008 Coll. is still valid and effective.

How many times was it Act No. 310 / 2008 Coll. amended?

Act No. 310 / 2008 Coll. has 3 time versions of the text.

Act No. 310 / 2008 Coll. - Act amending Act No. 61 / 2000 Coll., on...

310

THE LAW

of 17 July 2008

amending Act No. 61 / 2000 Coll., on maritime navigation, as amended

Parliament has decided on this law of the Czech Republic:

Čl. I

Act No. 61 / 2000 Coll., on maritime navigation, as amended by Act No. 136 / 2006 Coll., Act No. 342 / 2006 Coll. and Act No. 124 / 2008 Coll., is amended as follows:

1. In Paragraph 1 (1) of the Introductory Part of the provision, the words "the Act shall be amended" shall be replaced by "This Act shall incorporate the relevant provisions of the European Community1) and shall be amended."

Footnote 1:

"(1) 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 (Text with EEA relevance). 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 (Text with EEA relevance). 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. '

footnote 1 shall be renumbered footnote 1a, including the footnote references.

2. In Article 2, the following paragraph 9 is inserted after paragraph 8:

"(9) A passenger ship is a seagoing vessel intended to carry more than 12 passengers. Any person carried except the master of the ship, the other crew members of the ship and the child under 1 year of age shall be considered a passenger. ';

Paragraph 9 shall become paragraph 10.

3. in Articles 3, 44 (2) and 84 (1) and (2), the words "and connections" shall be deleted;

4. In the second sentence of Paragraph 4 (3), the words "pay annual 'are replaced by the words" pay'.

5. In the first sentence of Article 4 (4), the word "annual 'shall be deleted; the words" for the duration of the right to fly the national flag of the Czech Republic' shall be inserted after the word "depending '; and the word" on' shall be deleted.

6. In the second sentence of Article 4 (4), the word "Mode 'is replaced by" Fee and method'.

7. in Article 5 (1) (c):

"(c) passenger ships."

8. Paragraph 6 (2) reads as follows:

"(2) The operator of a seagoing vessel shall be a natural person with a permanent residence or place of business in the territory of the Czech Republic or a citizen of another Member State of the European Union or a legal person having its registered office or organisational structure in the territory of the Czech Republic or of another Member State of the European Union or of a State forming the European Economic Area and who, on his own behalf, operates a maritime navigation operation under the national flag of the Czech Republic and is at the same time the owner of a seagoing vessel or is authorised to operate a seagoing vessel in his own name and under his own responsibility. '

9. In Article 6, the following paragraph 3 is inserted after paragraph 2, including footnote 3a:

"(3) For the purposes of this Act, a natural person who is entitled to provide temporary services on the territory of the Czech Republic shall also be considered a citizen of another Member State of the European Union.

3a) Sections 69a and 70 of Act No. 455 / 1991 Coll., on Business Business. '.

Paragraph 3 shall become paragraph 4.

10. in Paragraph 8 (1) (e) (1), the words "the birth number" shall be deleted;

11. the words "or residence" shall be inserted after the words "permanent residence."

12. in Article 8 (1) (e) (2), the word "IČO," shall be deleted;

13. in Articles 11 (2) (a) and 11 (2) (b), 14 (2) and 76 (1), the words "birth number" shall be replaced by "date of birth."

14. in Article 11 (2) (a) and (b), the words "and the identification number" shall be deleted;

15. in Article 11 (3) (a), including footnote 4a:

"(a) an extract from the Register of Penalties or, for citizens of other States, a similar document (4a), if the applicant is a natural person, or an extract from the Register of Penalties or, for citizens of other States, similar documents (4a) all members of the statutory body, if the applicant is a legal person; the extract from the record of the criminal record shall not be more than 6 months old;

(4a) Paragraph 46 (1) (a) (2) and (3) of the Commercial Act. ';

16. in Article 11 (3) (i):

"(i) a document proving compliance with the conditions laid down in Article 6 (2);"

17. in Article 14 (3) (d):

"(d) a document proving compliance with the conditions laid down in Article 6 (2);"

18. Paragraph 16 (5) is deleted.

Paragraphs 6 and 7 shall become paragraphs 5 and 6.

19. In Article 24, at the end of paragraph 1, the dot is replaced by a comma and the following points (m) and (n) are added:

"(m) ensure that the pollution referred to in the implementing legislation is not discharged from an operating seagoing vessel in quantities exceeding the limit laid down in the implementing legislation or contrary to the conditions for their discharges laid down in the implementing legislation; and

(n) ensure that, in the course of seagoing operations, the seagoing vessel is accompanied by a licence of the master of the seagoing vessel and all crew members. ';

20. In Paragraph 24, the following paragraph 2 is inserted after paragraph 1:

"(2) The implementing act shall specify the maximum quantity of the pollutant that may be discharged, the type of seagoing vessel from which the pollutant may be discharged and the technical requirements for that seagoing vessel and its equipment, the position and speed of the voyage of the seagoing vessel at which the pollutant may be discharged and the method of discharge of the pollutant. ';

Paragraphs 2 and 3 shall become paragraphs 3 and 4.

21. in Article 26 (1) (c):

"(c) a list of the crew members of the sea yacht,"

22. in Paragraph 27 (2):

"(2) The formalities for paper documents and the particulars therein shall be laid down in the implementing legislation."

23. in Paragraph 28 (4):

"(4) The operator of the ship shall ensure that the master of the ship is a citizen of the Czech Republic or a citizen of a Member State of the European Union who has the knowledge of the Czech language sufficient to carry out the activities referred to in Sections 34, 35, 39 and 40. The knowledge of the Czech language shall be demonstrated by evidence of completion of basic, secondary, higher or higher education in the Czech language, or by passing an examination at the Office or by a person appointed by the Office, or by another document certifying sufficient knowledge of the Czech language."

24. In Paragraph 28, the words "or to refrain from proving sufficient knowledge of the Czech language" are added at the end of the text of paragraph 5.

25. in Article 33 (1), the words "and ensure that the polluting substances referred to in the implementing legislation are not discharged from the ship at the end of the text in point (h), in quantities exceeding the limit laid down in the implementing act or contrary to the conditions laid down in the implementing act for their discharge."

26. In Paragraph 33, at the end of paragraph 1, the dot is replaced by "and 'and the following point (o) is added:

"(o) record in the logbook the time and place of transfer of operation of the ship to another type of fuel.";

27. in Paragraph 42 (1):

"(1) A crew member shall not engage in activities on board a ship for which he is not medically and professionally competent and for which he is not entitled to be licensed by a crew member (hereinafter referred to as" the certificate ').';

28. In Section 43, the words "a crew member 'are deleted.

29. In Paragraph 43 (1) of the Introductory Part of the provision, the words "a crew member (hereinafter referred to as" licences ") 'are deleted.

30. In Article 43, the following paragraph 3 is added:

"(3) The certificate is a public certificate. ';

31. Paragraph 47, including the title, reads:

„§ 47

Recognition of a licence

(1) At the request of the holder of a valid licence issued by another Member State of the European Union or by a State constituting the European Economic Area, the Authority shall recognise that licence. In the case of holders of a valid licence entitled to exercise their duties at the command level, the Office shall recognise the licence if the applicant demonstrates the knowledge of the legislation of the Czech Republic in the field of maritime navigation, including the related provisions of criminal, civil and commercial law, and the knowledge of the English language, certified by evidence certifying knowledge of the legislation of the Czech Republic in the field of maritime navigation and knowledge of the English language, or by an examination carried out by the Office or by a person authorised by the Office. The content of the examination and other documents certifying knowledge of the legislation of the Czech Republic in the field of maritime navigation or English language shall be laid down in the implementing legislation.

(2) A valid licence issued by a Member State of the International Maritime Organisation (IMO) under an international agreement which is part of the legal order of the Czech Republic, in the absence of the State referred to in paragraph 1, shall be recognised by the Office at the request of its holder if the applicant proves that he is fit for health. In the case of holders of a valid licence entitled to exercise their duties at command level, the Office shall recognise that licence if the applicant proves that he is fit for health and has knowledge of the laws of the Czech Republic in the field of maritime navigation, including the related provisions of criminal, civil and commercial law, and the knowledge of the English language, certified by evidence certifying the knowledge of the laws of the Czech Republic in the field of maritime navigation and knowledge of the English language, or by an examination carried out at the Office or by a person authorised by the Office. The content of the examination and other documents certifying knowledge of the legislation of the Czech Republic in the field of maritime navigation or English language shall be laid down in the implementing legislation.

(3) A valid licence issued by the State referred to in paragraph 2, the holder of which is entitled to perform his duties at the command level or as a radio operator, shall be recognised by the Authority only if that State has been recognised by the European Commission. This shall be without prejudice to the conditions referred to in paragraph 2.

(4) In the event of recognition of a licence, the Authority shall issue a certificate of recognition. The period of validity of the certificate of certification shall coincide with the period of validity of the licence but shall not exceed 5 years.

(5) Pending the issue of a certificate of certification of a licence, the Office shall, at its request, issue a provisional certificate of recognition to the applicant for the recognition of a licence referred to in paragraph 1 or 2 where:

(a) the applicant shall demonstrate the written consent of the operator of the ship whose crew the applicant is a member to issue the provisional document;

(b) with regard to the content of the application for recognition of a licence and its annexes, it may reasonably be assumed that the licence will be recognised.

The Office shall issue a provisional certificate of recognition of eligibility within 10 days of the date of the request for the issue of the provisional certificate of recognition of eligibility.

(6) Provisional evidence of recognition of competence shall cease to be valid on the date of issue of the certificate of recognition of the licence but no later than 3 months after its issue.

(7) The Office shall withdraw a certificate of certification if its holder:

(a) in the performance of its duties, endanger the health or life of a crew member of a ship or of persons carried;

(b) in the performance of its duties, has put at risk the safety of maritime navigation;

(c) in the performance of his duties, he has repeatedly or grossly infringed the obligations laid down by this law, the provisions directly applicable to the European Communities or the international treaty to which the Czech Republic is bound;

(d) shall not prove at the Office's request that its competence to perform duties on board a ship is maintained;

(e) no medical fitness,

(f) has no legal capacity; or

(g) has been convicted of a criminal offence committed intentionally, unless it is considered as not being convicted.

(8) The model for the application for certification of a licence is laid down in implementing legislation. "

32. The following Section 50a is inserted after Section 50:

„§ 50a

Issue of documents which may be confused with the licence due to their appearance and content. ';

33. In Article 63, the following paragraph 7 is added:

"(7) The model of the working time form for crew members of a seagoing vessel shall be laid down in the implementing legislation."

34. After Paragraph 77, the designation of the new Part Eight, including the title, shall be inserted as follows:

„ČÁST OSMÁ

ADMINISTRATIVE DEPARTMENTS '.

Part seven, with the heading "Common, transitional and final provisions', shall be renumbered as part nine.

35. Sections 78 and 79, including the headings, read:

„§ 78

Transfers

(1) A natural person commits an offence by:

(a) contrary to Paragraph 34 (1), seagoing vessels shall not be subject to the orders of the master of the seagoing vessel;

(b) runs a seagoing yacht without a licence in breach of Paragraph 49 (1); or

(c) in contravention of Paragraph 50a, issue documents which may be confused with the licence in view of their appearance and content.

(2) As operator of a seagoing vessel, a natural person commits an offence by:

(a) in contravention of Paragraph 18 (2), it shall not immediately forward to the Office a registration sheet;

(b) in contravention of Article 19 (4), return the register to the Office without delay;

(c) in contravention of § 24 (1) (a), operates seagoing under the national flag of the Czech Republic without registration of a seagoing vessel in the maritime register or without decision on provisional authorisation for navigation;

(d) in contravention of Paragraph 24 (1) (c), it shall not ensure its technical capacity for navigation throughout the operation of the seagoing vessel;

(e) in contravention of Paragraph 24 (1) (d), it shall not appoint a master of a ship or a master of a seagoing yacht eligible for qualified management of a seagoing vessel;

(f) contrary to Article 24 (1) (h), it shall not ensure that all equipment on board a seagoing vessel is of an approved type, has the approved documentation and their operation complies with the safety and health and marine requirements;

(g) in contravention of Article 24 (1) (i), shall not report to the Office cases of birth, death, disappearance or overboard fall and serious injury to the health of seagoing vessels;

(h) in breach of Article 24 (1) (j), shall not notify the Office of the participation of a seagoing vessel in a maritime accident and shall not provide documentation of the condition at the time of the maritime accident;

(i) in contravention of Article 24 (1) (k), shall not notify the Office of an event affecting the technical competence of a seagoing vessel for navigation or otherwise affecting the technical condition of a seagoing vessel;

(j) in contravention of Article 24 (1) (m), shall not ensure that pollutants are not discharged from an operating seagoing vessel in quantities exceeding the limit or in breach of the conditions for their discharge;

(k) in contravention of § 24 (1) (n), it shall not ensure that seagoing licences are on board a seagoing vessel,

(l) contrary to Article 24 (1) (e), it shall not ensure that the ship is occupied by a qualified crew in an appropriate number and composition,

(m) in contravention of Article 24 (1) (f), the ship shall not equip or maintain the equipment of the approved type, including documentation and marking;

(n) in breach of Article 24 (1) (g), does not ensure continuous supply of water and food to the ship,

(o) in contravention of Paragraph 24 (1) (l), it does not have an insurance of liability for damage caused by the operation of a seagoing vessel or has been paid an insurance premium throughout the period of operation of the ship; or

(p) in contravention of Paragraph 24 (4), use a seagoing vessel or allow it to be used for the unauthorised transport of drugs, psychotropic substances, weapons, explosives or slaves.

(3) As operator of a ship, a natural person commits an offence by:

(a) in contravention of Paragraph 24 (3), shall not notify at the time of the war the data on the geographical location of the ship;

(b) in contravention of Paragraph 25 (1), it shall not ensure that mandatory paper documents are required when seagoing on board ships;

(c) in contravention of Paragraph 25 (4), he shall not store paper documents after the date of his last entry on the ship;

(d) contrary to Paragraph 28 (4), it shall not ensure that the master of the ship is a citizen of the Czech Republic or a citizen of a Member State of the European Union;

(e) in contravention of Paragraph 28 (4), it shall not ensure that the master of the ship has the knowledge of the Czech language evidenced by evidence of an education achieved in the Czech language or by the passing of an examination or other certifying document;

(f) contrary to Paragraph 67 (1), it shall not ensure that the ship complies with the health and hygiene requirements;

(g) in contravention of Paragraph 67 (1), does not provide equipment for the ship's medical materials, equipment, medicines and medical devices in the ship's medicine cabinet and their replenishment; or

(h) in contravention of Paragraph 67 (2), it shall not ensure that one crew member holds a medical certificate.

(4) As owner of a seagoing vessel, a natural person commits an offence by:

(a) in contravention of Paragraph 4 (3), they shall not pay the right to fly the national flag of the Czech Republic; or

(b) in contravention of Article 17 (1), it shall not notify or provide evidence to the Office of any changes concerning the particulars and documents provided for in the application for registration in the maritime register.

(5) As owner of a ship, a natural person commits an offence by:

(a) in breach of Article 16 (4), return the registration sheet; or

(b) in contravention of Paragraph 25 (4), it shall not ensure the transmission of documentary evidence to the Office's archives.

(6) As owner of a seagoing yacht, a natural person commits an offence by:

(a) in breach of Paragraph 26 (2), does not ensure the transmission of the Office's register; or

(b) in breach of Article 26 (3), it shall not ensure that the logbook is kept.

(7) The master of a seagoing vessel shall commit an offence by:

(a) in breach of Paragraph 33 (1) (a), does not control the ship and does not ensure safe nautical guidance of the ship;

(b) contrary to Article 33 (1) (c), failure to ensure training of training alarms and practical exercise of emergency situations will jeopardise the safety of the persons and crew involved;

(c) contrary to Article 33 (1) (d), failure to ensure proper care of the entrusted cargo will jeopardise the safety of passengers or cause damage to the cargo;

(d) in breach of Paragraph 33 (1) (e), they shall not ensure that there are mandatory documentary evidence, crew documents and cargo documents on board the ship;

(e) in breach of Paragraph 33 (1) (f), it shall not implement the measures necessary to avert damage to persons, ships and cargo;

(f) contrary to Paragraph 33 (1) (h), it shall not prevent pollution of the marine environment by sea vessels;

(g) in contravention of Article 33 (1) (h), shall not ensure that pollutants are not released from the seagoing vessel in quantities exceeding the limit or in breach of the conditions for their discharge;

(h) in contravention of Paragraph 33 (1) (i), does not provide assistance to a person, ship or aircraft in need;

(i) in contravention of Paragraph 33 (1) (o), the time and place of transfer of the ship to another type of fuel shall not be recorded in the logbook;

(j) in contravention of Paragraph 38 (1), it shall not ensure that all measures are taken to rescue the persons carried, the crew and the mandatory documents, valuables, maps and cash in transit;

(k) in contravention of Paragraph 39 (1), it shall not take measures to prevent the continuing crime on board a seagoing vessel or to avoid liability, or to question persons, to carry out any further action necessary to ensure evidence, or to draw up a record thereof; or

(l) in contravention of Paragraph 40 (1), it shall not register the birth or death on a seagoing vessel or inform the representative office of the Czech Republic thereof.

(8) A crew member of a ship commits an offence by:

(a) in breach of Paragraph 42 (1), carry out on board activities for which he is not medically or professionally competent;

(b) in breach of Paragraph 48 (1), it shall not demonstrate its medical fitness;

(c) in contravention of § 53, no valid certificates shall be established before boarding;

(d) in contravention of Paragraph 61 (1), they shall not undergo an examination to determine whether they are under the influence of alcohol or other narcotic drugs or psychotropic substances; or

(e) in contravention of Paragraph 61 (2), it shall retain on the ship narcotic or psychotropic substances, firearms, ammunition or explosives or protect animals, or assist others in such activities.

(9) A fine may be imposed for an offence

(a) up to CZK 2 000 000, if it is an offence referred to in paragraph 1 (c) and paragraph 2 (c), (d) and (p),

(b) up to 1 000 000 CZK if the offence referred to in paragraph 2 (e), (h), (i), (j), (k), (l) and (o), (3) (a), (b), (d) and (e), (4) (a) and (7) (f), (g) and (h) are committed,

(c) up to 500 000 CZK if the offence referred to in paragraph 2 (f) and (m), paragraph 3 (c), paragraph 4 (b), paragraph 5 (a), paragraph 7 (a), (b), (d), (e), (j) and (k) and paragraph 8 (d) and (e),

(d) up to CZK 200,000, if the offence referred to in paragraph 1 (b), paragraph 2 (a), (b) and (g), paragraph 3 (f), (g) and (h), paragraph 5 (b), paragraph 6 (a), paragraph 7 (i) and (l) and paragraph 8 (a),

(e) up to CZK 100,000 if the offence referred to in paragraphs 1 (a), 2 (n), 6 (b), 7 (c) and 8 (b) is committed.

§ 79

Administrative offences of legal and business natural persons

(1) A natural person who is a legal or legal person commits an administrative offence by issuing, contrary to Paragraph 50a, documents which may be confused with a licence in view of their appearance and content.

(2) A natural person, whether legal or business, as operator of a seagoing vessel, commits an administrative offence by: