Decree No. 327 / 2011 Coll.
Ordinance on data provided in connection with the operation of a ship and in reports and notifications of a maritime accident or incident, on the minimum amount of insurance agreed for damage to the operation of a ship and amending Decree No. 278 / 2000 Coll., on the maritime register and documents of seagoing vessels
Valid
Order
Effective from 01.01.2012
327
DECLARATION
of 3 November 2011
on data provided in connection with the operation of the ship and in reports and notifications of a maritime accident or incident, on the minimum amount of insurance agreed for damage to the ship's operation and amending Decree No. 278 / 2000 Coll., on the maritime register and documents of seagoing vessels
The Ministry of Transport provides, pursuant to § 85 (1) of 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., Act No. 227 / 2009 Coll. and Act No. 261 / 2011 Coll., ("the Act ') for implementation of § 23a (7), § 24 (3), § 27 (1) (q), § 55g (5) and § 55h (5) of the Act:
DATA PROVIDED IN CONNECTION WITH SHIPS, MARITIME AND MARITIME AFFAIRS AND MINIMUM INSURANCE FOR SHIPS INSURANCE EQUIPMENT
This decree implements the relevant provisions of the European Union1).
The model of the form provided for in Section 23a (3) of the Act is set out in Annex 1 to this Decree.
The notification by the operator or the master of the ship pursuant to § 23a (7) and (8) of the Act contains:
(a) identification of the ship
1. name of ship,
2. the ship's call sign; and
3. ship identification number assigned by the International Maritime Organisation;
4. an indication of whether the ship may carry irradiated nuclear fuel, plutonium or highly radioactive waste in packaging;
(b) the port of destination;
(c) for a ship leaving a port in a Member State of the European Union, the estimated time of departure from a port or from a pilot station as required by the authority of that Member State responsible under its rules and the estimated time of arrival at the subsequent port of destination;
(d) in the case of a ship arriving from a port of a third State and arriving at a port in a Member State of the European Union, the estimated time of arrival at the port of destination or at the pilot station, as required by the authority of that Member State responsible under its rules;
(e) the total number of persons on board,
(f) technical names of dangerous goods or pollutants, in particular UN number2),
(g) the hazard class in accordance with the International Code for the Carriage of Dangerous Goods by Sea (3), the International Code for the Construction and Equipment of Ships for the Carriage of Dangerous Chemicals (3) and the International Code for the Construction and Equipment of Ships for the Carriage of Liquefied Gas (3);
(h) the quantity of dangerous goods or pollutants;
(i) the identification number of the transport freight unit, if dangerous goods or pollutants are not transported in tanks;
(j) a statement that the ship has a list of cargo or cargo plan indicating information on dangerous goods or pollutants and their exact location on the ship; and
(k) the name or, where appropriate, the name, surname or business name and telephone, radio telephone or electronic connection of the person who may provide detailed information on the cargo.
The notification of the master of the ship pursuant to Paragraph 23a (9) of the Act contains:
(a) identification of the ship
1. name of ship,
2. the ship's call sign; and
3. ship identification number assigned by the International Maritime Organisation;
(b) the position of the ship at the time of notification;
(c) the last port of departure and destination,
(d) the name or, where appropriate, the name, surname or business name and telephone, radio telephone or electronic connection of a person who may provide detailed information on dangerous goods and pollutants carried on board;
(e) number of persons on board,
(f) details of a maritime accident or incident; and
(g) information on dangerous goods or pollutants carried, in particular:
1. technical names of dangerous goods or pollutants, in particular UN number2),
2. the hazard class in accordance with the International Code for the Carriage of Dangerous Goods by Sea (3), the International Code for the Construction and Equipment of Ships for the Carriage of Dangerous Chemicals (3) and the International Code for the Construction and Equipment of Ships for the Carriage of Liquefied Gas (3);
3. information on the type of packaging and their labelling;
4. an estimate of the quantity and state of lost dangerous goods or released pollutants,
5. the cause of the loss of dangerous goods or the leakage of pollutants.
(1) Minimum performance limit for insurance against liability for damage caused to the health or death of persons other than passengers on ships of gross tonnage
(a) 300 to 2 000 tonnes shall be 2 000 000 000 special drawing rights as defined by the International Monetary Fund (hereinafter referred to as the Special Drawing Rights);
(b) between 2 001 and 30 000 tonnes shall be 2 000 000 special drawing rights and for each tonne exceeding 2 000 tonnes 800 special drawing rights;
(c) 30 001 to 70 000 tonnes shall be 2 000 000 special drawing rights, for each tonne exceeding 2 000 tonnes 800 special drawing rights and for each tonne exceeding 30 000 tonnes 600 special drawing rights;
(d) in excess of 70 000 tonnes is 2 000 000 special drawing rights, in respect of each tonne exceeding 2 000 tonnes is 800 special drawing rights, in respect of each tonne exceeding 30 000 tonnes is 600 special drawing rights and in respect of each tonne exceeding 70 000 tonnes is 400 special drawing rights.
(2) Minimum insurance premiums for liability insurance for ship's operations for claims other than those referred to in paragraph 1 for gross tonnage ships
(a) 300 to 2 000 tonnes shall be 1 000 000 000 special drawing rights;
(b) 2 001 to 30 000 tonnes shall be 1 000 000 special drawing rights and for each tonne exceeding 2 000 tonnes 400 special drawing rights;
(c) 30 001 to 70 000 tonnes shall be 1 000 000 special drawing rights, 400 special drawing rights for each tonne exceeding 2 000 tonnes and 300 special drawing rights for each tonne exceeding 30 000 tonnes;
(d) in excess of 70 000 tonnes is 1 000 000 special drawing rights, in respect of each tonne exceeding 2 000 tonnes is 400 special drawing rights, in respect of each tonne exceeding 30 000 tonnes is 300 special drawing rights and in respect of each tonne exceeding 70 000 tonnes is 200 special drawing rights.
(3) The liability insurance for the operation of the ship for passengers' claims must be agreed with an insurance claim limit of the amount determined by multiplying the maximum number of passengers indicated in the international certificate and 175 000 special drawing rights.
The figures provided for in Paragraph 33 (1) (p) of the Act are:
(a) technical names of dangerous goods or pollutants, in particular UN number2),
(b) the hazard class in accordance with the International Code for the Carriage of Dangerous Goods by Sea (3), the International Code for the Construction and Equipment of Ships for the Carriage of Dangerous Chemicals (3) and the International Code for the Construction and Equipment of Ships for the Carriage of Liquefied Gas (3);
(c) an indication of whether a dangerous item or pollutant may only be carried on a ship for the transport of irradiated nuclear fuel, plutonium or highly radioactive waste in packaging;
(d) the quantity and location of dangerous goods or pollutants;
(e) the identification number of the transport freight unit, if dangerous goods or pollutants are not transported in tanks;
(f) the name or, where appropriate, the name, surname or business name and telephone, radio telephone or electronic connection of the person who may provide detailed information on the cargo;
(g) as regards the substances listed in the Annex: I MARPOL Convention, a safety data sheet containing, where appropriate, data on the physical and chemical properties of products, including their viscosity expressed at 50 ° C and density at 15 ° C and other data contained in the safety data sheet in accordance with IMO Resolution MSC. 286 (86),
(h) the emergency call numbers of the transporter or any other person who has information on the physical-chemical properties of the products and on the measures to be taken in the event of an emergency.
The scope of the data contained in the reports on the results of the survey of the causes of the marine accident and incident is set out in Annex 2 to this Decree.
The scope of the information contained in the notification of a maritime accident and an incident is set out in Annex 3 to this decree.
Amendment to Decree No. 278 / 2000 Coll., on the maritime register and documents of seagoing vessels
In Decree No. 278 / 2000 Coll., on the maritime register and documents of seagoing vessels, the following Section 29a is inserted after § 29, which includes the title:
Proof of liability insurance for ship's operations
The evidence of liability insurance for the operation of the ship shall include:
(a) the name of the ship, the identification number of the ship allocated by the International Maritime Organisation and the port of registry;
(b) the name, surname and place of business of the operator of the ship, if he is a natural person, or a trading firm or the name and address of the operator of the ship, if he is a legal person;
(c) the claims covered by the insurance and the duration of the insurance;
(d) the business firm or the name and address of the insurance provider, or where the insurance contract was concluded, if not at the head office of the insurance provider. ';
EFFECTIVE
This Decree shall take effect on 1 January 2012.
Minister:
Mgr.
Příloha č. 1
Annex No 1 to Decree No 327 / 2011 Coll.
MODEL FORM REFERRED TO IN ARTICLE 23a (3) OF THE LAW
Příloha č. 2
Annex No. 2 to Decree No. 327 / 2011 Coll.
Content of reports on the results of the detection of the causes of marine accidents and incidents
Introduction
This section sets out the objective of identifying the causes of maritime accidents and incidents and the nature of safety recommendations and reports in accordance with § 55b (4) of the Act.
1. BASIC INFORMATION
This section indicates the essential facts of a maritime accident or incident: what happened, when, where and how it happened; and indicates whether loss of life, injury, damage to ship, cargo, third parties or the environment has occurred as a result of an accident or incident.
2. FACT CIRCUMSTANCES
2.1. Ship data
- flag of ship / State of registration of ship,
- identification of the ship,
- main technical details of the ship
- the owner and operator,
- details of the construction,
- specified minimum crew,
- for which kind of cargo the ship is intended.
2.2 Seating data
- the ports in which the ship anchored,
- the type of voyage,
- cargo information,
- manned.
2.3 Information on a maritime accident or incident
- the type of maritime accident or incident,
- date and time,
- the location of a marine accident or incident,
- the external and internal circumstances of a marine accident or incident,
- the operation of the ship and the section of the voyage,
- the destination of the vessel,
- human factor data,
- the consequences of an accident or incident, in particular for persons, ships, cargo, the environment.
2.4 Coastal involvement and emergency measures
- identification of the coastal authorities involved,
- the means used,
- response rate,
- the measures taken,
- achieved results.
3. DESCRIPTION
This section describes the course of a marine accident or incident through the chronological sequence of events preceding, during and following the accident and the role of each factor (i.e. persons, material, environment, equipment or external factors). The length of the period described depends on when the specific events that directly contributed to the marine accident or incident occurred. This section shall include the relevant details of the findings of the marine accident or incident, including the results of the examination or tests.
ANALYSIS 4
This section contains a number of separate sections which provide an analysis of each incident related to an accident, together with comments on the results of all relevant examinations or tests carried out during the detection of the causes of a maritime accident or incident and on any safety measures already taken to prevent maritime accidents, where appropriate. These sections should describe the following issues:
- the context and circumstances of the accident or incident,
- misconduct and omission of persons, sub-events concerning hazardous material, environmental performance, failure of marine equipment and external influences,
- contributing factors involving the roles of persons, including those issuing orders from the shore, operational operations, or the influence of regulation.
The analysis and comments in the report allow for the detection of deficiencies in existing measures to prevent or reduce accidents or incidents.
5. CONCLUSIONS
This section summarises the identified contributing factors and the missing or insufficient safety measures (material, functional, warning or procedural) that should be developed.
6. SECURITY RECOMMENDATIONS
Where appropriate, this part of the report shall include safety recommendations derived from analysis and conclusions, covering specific areas such as legislation, construction, procedures, inspection, management, health and safety, training, repair, maintenance, shore assistance and emergency measures. The safety recommendations are addressed to those who can best implement them, such as shipowners, managers, recognised classification societies, maritime administrations, ship service operators, accident / rescue services, international maritime organisations and European institutions, in order to prevent maritime accidents. This section shall also include any interim safety recommendations that have been issued or any security measures taken during the detection of the causes of marine accidents and incidents.
7. ANNEXES
For example, photographs, films or video recordings, sound recordings, maps, drawings, drawings, applicable standards, technical expressions and abbreviations used, special safety studies, various information shall be attached to the printed message or to the message in electronic form, where appropriate.
Příloha č. 3
Annex No 3 to Decree No 327 / 2011 Coll.
Maritime accident and incident notification
1. Responsible Member State / Contact Person
2. The investigating Member State
3. Role of the Member State
4. The coastal State concerned
5. Number of States with Significant Interest
6. States with a significant interest
7. Notifying body
8. Notification time
9. Date of notification
10. Name of ship
11. Ship identification number assigned by the International Maritime Organisation / Call sign (brand)
12. Flag of ship
13. Type of maritime accident or incident
14. Type of ship
15. Date of marine accident or incident
16. Time of maritime accident or incident
17. Location - latitude
18. Location - longitude
19. Place of marine accident or incident
20. Port of departure
21. Port of destination
22. Navigation distribution system
23. Sailing section
24. Operation of the ship
25. Place on the boat
26. Loss of Life:
- Crew.
- Passengers
- Other
27. Serious injuries:
- Crew.
- Passengers
- Other
28. Pollution
29. Damage on the ship
30. Damage on cargo
31. Other damage
32. Brief description of marine accident or incident
33. Brief description of the reason for not establishing the causes of marine accidents and incidents
If there are more than one ship involved in a marine accident or incident, the data listed under points 10 to 12, 14, 20 to 30 and 32 shall be provided for each ship.
1) 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 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. Commission Directive 2011 / 15 / EU of 23 February 2011 amending Directive 2002 / 59 / EC of the European Parliament and of the Council establishing a Community vessel traffic control and information system. Directive (EU) 2019 / 883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for marine waste, amending Directive 2010 / 65 / EU and repealing Directive 2000 / 59 / EC.
2) UN Recommendations on the Transport of Dangerous Goods - Model Rules.
3) International Convention for the Safety of Life at Sea (SOLAS), 1974, notified under No 52 / 1995 Coll., Protocol 1978 to the International Convention for the Safety of Life at Sea, 1974, notified under No 52 / 1995 Coll.
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Regulation Information
| Citation | Decree No. 327 / 2011 Coll., on data provided in connection with the operation of the ship and in reports and notifications of a maritime accident or incident, on the minimum amount of insurance agreed for damage to the operation of the ship and amending Decree No. 278 / 2000 Coll., on maritime register and maritime vessel documents |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.11.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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