Act No. 339 / 2020 Coll.
Act amending Act No. 61 / 2000 Coll., on Maritime Navigation, as amended
Valid
Law
Effective from 01.10.2020
339
THE LAW
of 23 July 2020
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., Act No. 227 / 2009 Coll., Act No. 261 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 64 / 2014 Coll., Act No. 81 / 2015 Coll. and Act No. 183 / 2017 Coll., are amended as follows:
1. In footnote 1, the sentence "Council Directive 96 / 98 / EC of 20 December 1996 on marine equipment 'is deleted.
2. At the end of footnote 1, the sentences are added to separate rows
"Directive 2014 / 90 / EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96 / 98 / EC. Article 2
3. In Article 1 (1), "the words" shall be inserted after the word "unie1" and shall be followed by the directly applicable European Union39 '.
Footnote 39 reads:
"(39) Regulation (EU) No 1257 / 2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013 / 2006 and Directive 2009 / 16 / EC, as amended. ';
4. In Paragraph 2 (11), the words "the registered office of the operator of the seagoing vessel 'are replaced by the words" his residence'.
5. In Article 5, at the end of paragraph 1, the dot is replaced by "or 'and the following point (d) is added:
"(d) nuclear-powered ships."
6. In Article 6 (2), the words "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 with a registered office or organisational component in the territory of the Czech Republic, another Member State of the European Union or of a State forming the European Economic Area," shall be replaced by the words "a person."
7. Paragraph 6 (3), including footnote 3a, is deleted.
Paragraph 4 shall become paragraph 3.
8. in Article 9 (1) (a):
"(a) by the operator:
1. seagoing yachts are a natural person who is a citizen of a Member State of the European Union or of a Member State of the European Economic Area, who has reached the age of 21 and is fully independent and fair, or a legal person having its registered office or organisational structure in the territory of a Member State of the European Union or of a State of the European Economic Area whose members of the statutory body have reached the age of 21 and are fully arbitrary and fair; or
2. the ship is a natural person who is a citizen of a Member State of the European Union or of a State forming the European Economic Area, who has reached the age of 21 and is fully competent and fair, or a legal person with a registered office or a fissile establishment in the Czech Republic whose members of the statutory body have reached the age of 21 and are fully arbitrary and fair, '.
9. In Article 9, at the end of paragraph 1, the dot is replaced by "and 'and the following point (e) is added:
"(e) no more than 10 years have elapsed since the start of the construction of the ship, on the date of application for registration of the ship; This does not apply if the previous maritime register in which the ship was registered was a maritime register of a Member State of the European Union or a State constituting the European Economic Area. ';
10. in Article 11 (3) (a):
"(a) a document not earlier than 3 months showing compliance with the condition of integrity of the operator of the seagoing vessel, if he is a citizen of another State, or a member of the statutory authority of the operator of the seagoing vessel, if he is a citizen of another State, issued by the State of which that person is a citizen, or by a declaration of honour, unless that State issues such a document; in the case of a citizen of another Member State of the European Union, this document may be replaced by an extract from the Register of Penalties with an annex containing information entered in the criminal record of another Member State of the European Union, ';
11. in Article 11 (3) (h):
"(h) documents certifying compliance with the other conditions referred to in Article 9 (1) (a) and (b).";
12. in Article 11 (3), point (i) is deleted;
13. Paragraph 12, including the title and footnote 40, reads as follows:
Eligibility of ship to sail
The ship shall be eligible for navigation if it has been designed, constructed and maintained and operated in accordance with the requirements laid down therein.
(a) maritime conventions;
(b) the rules recognised by the classification society; and
(c) directly applicable European Union legislation governing ship recycling (40).
40) Regulation (EU) No 1257 / 2013 of the European Parliament and of the Council, as amended. ';
14. in Article 12b (3) (b), including footnote 32:
"(b) the equipment on board the ship complies with the requirements laid down in the legislation governing the technical requirements for marine equipment 32) and bears a mark of conformity, or the Office has issued a permit to place the equipment on board the ship pursuant to § 12h (2);
32) Act No. 90 / 2016 Coll., on conformity assessment of specified products when making them available on the market, as amended. Government Decree No 345 / 2016 Coll., on marine equipment. '
15.
(1) If the equipment does not comply with the requirements laid down in the legislation governing the technical requirements for marine equipment 32) or if it does not bear the mark of conformity, it may be placed on board the ship on the basis of an authorisation of the Office.
(2) The Authority shall issue a permit to place the gear on board the ship at the request of the operator of the ship if:
(a) newly developed marine equipment which ensures the same level of safety and efficiency as the marine equipment complying with the requirements laid down in the legislation governing the technical requirements for marine equipment (32);
(b) marine equipment intended to be placed on board a ship solely for testing purposes and not to replace marine equipment which meets the requirements laid down in the legislation governing the technical requirements for marine equipment (32) and is placed on board a ship;
(c) marine equipment which, to the extent necessary to protect human life and the marine environment, complies with the requirements laid down in the legislation governing the technical requirements for marine equipment (32) and replaces the equipment on the market which would not be available to meet those requirements in its entirety; or
(d) marine gear placed on a ship registered in a maritime register of a State which is not a Member State of the European Union or a State constituting the European Economic Area, the operator of which intends to register that ship, provided that the marine gear ensures the same level of safety and efficiency as the marine gear complying with the requirements laid down in the legislation governing the technical requirements for marine equipment (32).
(3) Only the applicant shall be a party to the procedure for authorisation to place the gear on board the ship.
(4) Compliance with the conditions for the authorisation to place on board a ship referred to in paragraph 2 (a), (c) or (d) shall be demonstrated by an assessment issued by a recognised classification society, which shall be accompanied by an application for authorisation.
(5) In the authorisation to place marine gear on board the ship, the Authority shall determine the conditions of use of marine gear ensuring the safety of maritime navigation and the protection of the marine environment. In the permit to place the gear on board the ship as referred to in paragraph 2 (b), the following shall be added: (c) the Office shall indicate the marine gear to be replaced, the requirements which the gear meets and the procedures for verifying compliance with those requirements. For the purposes of this Regulation, the following definitions apply: (b) or (c) the Office shall limit the period strictly necessary but not more than 12 months. The authorisation to place the gear on board a ship referred to in paragraph 2 (d) shall cease to be valid unless the ship operator has submitted an application for entry in the maritime register within 2 months of the date of the acquisition of the authorisation. The permit to place the gear on board the ship shall be kept on board the ship throughout the period of the gear on board the ship.
(6) Ships' equipment which do not bear a conformity mark may exceptionally be placed on board a ship also if:
(a) the gear on board a ship located in a port outside the European Union must be replaced; and
(b) the placing on board of a ship of equipment bearing a conformity mark would take a disproportionate period of time or would be associated with disproportionate costs.
(7) Documents shall be kept on board the ship's equipment referred to in paragraph 6 throughout the period of its placing on board the ship.
(a) certifying its compliance with the requirements of the International Maritime Organisation for such equipment; and
(b) issued by a Member State which is a Member State of the International Maritime Organisation and a Contracting Party to international agreements setting out the requirements for such marine equipment.
(8) The master of the ship on whose board the gear has been placed in accordance with paragraph 6 shall immediately provide the Office with the information contained in the documents referred to in paragraph 7. Such marine equipment shall be replaced without undue delay by a marine gear which complies with the requirements laid down in the legislation governing the technical requirements for marine equipment (32) and bears a conformity mark. ';
16. in Article 12i (2), "period" is replaced by "period."
17. in Article 12i (4) (m), the word 'period' is replaced by 'period';
18. in Article 12j (3), the words "the location of marine equipment" shall be replaced by the words "the location of marine equipment."
19. The following Section 12o is inserted after Section 12n, which includes the title:
Ship recycling
(1) The Authority shall exercise the powers of the administrative authority under the directly applicable European Union Regulation on ship recycling (40).
(2) The Authority may authorise a recognised classification society, under a directly applicable European Union Regulation governing ship recycling (40), by a public contract.
(a) carry out initial, repeated, additional and final inspections;
(b) issue, confirm and extend the certificate of inventory of hazardous materials; or
(c) issue and extend the certificate of ready for recycling.
(3) Paragraph 12i (4) shall apply mutatis mutandis to the content of the public contract referred to in paragraph 2. Paragraph 12l shall apply mutatis mutandis to proceedings before a recognised classification society entrusted under paragraph 2.
(4) The recognised classification society designated under paragraph 2 shall inform the Authority of the certificates issued and validated under the directly applicable European Union Regulation on ship recycling (40) and of the extension of their validity.
(5) The Office shall inform the recognised classification society designated pursuant to paragraph 2 of the authorisations issued to place the equipment on board the ship and the exemptions granted to the requirements of the maritime conventions. The information thus obtained may not be disclosed to third parties by the designated company.
(6) The Authority shall check the activity of a recognised classification society entrusted under paragraph 2 at least every 2 years. The Authority shall terminate the public contract if it finds, in the course of the activities of a recognised classification society entrusted under paragraph 2, serious deficiencies or if the Commission has withdrawn recognition of that company under the directly applicable European Union28). The term of office shall be six months. Other grounds for termination may also be agreed in the public contract.
(7) The operator of a ship of at least 500 tonnes gross tonnage shall provide, for the purpose of carrying out an initial, repeated, additional or final inspection in accordance with the directly applicable European Union Regulation on ship recycling (40), the necessary synergies in accordance with § 12b (4) (a) to (d). The cost of carrying out these inspections shall be borne by the ship's operator.
(8) The operator of a ship of at least 500 tonnes gross tonnage shall notify the Authority in writing of the intention to recycle the ship in accordance with the directly applicable European Union Regulation on ship recycling 40) not later than 6 months before the start of its recycling. ';
20. in Paragraph 13a (2), the words "seagoing equipment, such maritime equipment shall be marked with a conformity mark showing that such marine equipment meets the requirements laid down in the Government Regulation on Technical Requirements for Marine Equipment" shall be replaced by the words "marine equipment, such equipment shall comply with the requirements laid down in the legislation governing technical requirements for marine equipment 32) and bear a conformity mark."
21. in Paragraph 13c (2) (e), the words "marine equipment" shall be replaced by "marine equipment," and the words "Government regulation on technical requirements for marine equipment," shall be replaced by the words "legislation governing technical requirements for marine equipment 32)."
22. in § 24 (1) (l) (2), "a" is replaced by a comma.
23. in Article 24 (1), the following points 4 and 5 are added at the end of point (l):
'4. Insurance cover due wages and other cash benefits resulting from a basic employment relationship over a period of 4 months; and
5. insurance to cover the costs of securing the social conditions of the crew members of the ship referred to in Paragraph 66 (1) and the fuel necessary for survival on board the ship, '.
24. In Article 24, paragraphs 6 and 7 are added:
"(6) The insurance referred to in paragraph 1 (l) (3) to (5) must be completed in such a way as to ensure that the insurance is paid immediately after the request of the crew member, justified by the fact that the ship's operator has not paid the cost of repatriation, has not provided the crew member with the social conditions referred to in § 66 (1) or the fuel necessary to survive on board the ship, or has not paid that crew member the wage or other cash benefits resulting from the basic employment relationship over a period of at least 2 months.
(7) The insurer may terminate the insurance referred to in paragraph 1 (l) (1), (3), (4) or (5) only for the reasons set out in the provisions of the Civil Code governing the insurance contract. "
25. in Article 25 (1) (s):
"(s) proof of insurance
1. liability for ship's operating damage;
2. liability for damage caused by the death of a crew member, his accident at work or an occupational disease; and
3. pursuant to § 24 (1) (l) (3) to (5), "
26. In Paragraph 25, the sentence "A copy of the paper documents referred to in paragraph 1 (s) (2) and (3) shall be inserted at the beginning of paragraph 5, in a clearly visible place accessible to all crew members. '.
27. in § 27 (2), the sentence "If the proof of insurance referred to in § 24 (1) (l) (2), (3), (4) or (5) is not drawn up in English, it shall be accompanied by an official translation into that language."
28. in Paragraph 47 (7) (f):
"(f) has been restricted in its own right, or"
29. In Paragraph 65 (5), the words "the registered office of the operator of the ship 'are replaced by the words" residence'.
30. in Article 68a, the words "points 2 and 3" are replaced by the words "points 2 to 5," after the words "Article 24 (1) (n)," the words "§ 24 (6), 25 (1) (s) (2) and (3)," and after the words "§ 25 (1) (t) to (v)," the words "§ 25 (5)," are inserted;
31. in Paragraph 78 (2) (j):
"(j) in contravention of Article 24 (1) (l) (2), (3), (4) or (5) or Article 24 (6), the seagoing vessel shall not have the appropriate insurance covering the period of operation of the vessel satisfying the conditions laid down or not being insured,"
32. in Paragraph 78 (3) (k), the word "or" shall be deleted;
33. In Paragraph 78, at the end of paragraph 3, the dot is replaced by a comma and the following points (m) and (n) are added:
"(m) in contravention of the directly applicable European Union Regulation on ship recycling 40), shall not ensure that:
1. an inventory of hazardous materials has been placed on board the ship, or the inventory has been kept to a specified extent and in a specified manner;
2. on board a valid certificate of inventory of hazardous materials or a valid certificate of ready for recycling, or
3. the ship has been recycled in a ship recycling facility listed in the European list of ship recycling facilities; or
(n) in contravention of the directly applicable European Union legislation governing ship recycling (40), it shall not operate or prepare a ship intended for recycling in a specified manner, it shall not be accompanied by a certificate of ship preparedness for recycling or a copy of this certificate shall not provide the operator with a ship recycling facility. ';
34. in Paragraph 78 (7) (o), the word "or" shall be deleted;
35. In Paragraph 78, at the end of paragraph 7, the dot is replaced by "or 'and the following point (q) is added:
"(q) in contravention of the directly applicable European Union ship recycling regulation40) shall not ensure that on board a ship:
1. the inventory of hazardous materials has been placed or the inventory has been kept to a specified extent and in a specified manner; or
2. a valid inventory certificate or a valid ready for recycling certificate has been valid. ';
36. in Paragraph 78 (9) (a), the words "or paragraph 2 (c), (d) or (p)" shall be replaced by "paragraph 2 (c), (d) or (p) or paragraph 3 (m) (3)";
37.In § 78 (9) (b), "h) or (i)" is replaced by "h), (i), (m) (1) or (2) or (n)."
38. in § 78 (9) (c), "k) or (l)" is replaced by "k), (l) or (q)";
39. in Paragraph 79 (2) (j):
"(j) in contravention of Article 24 (1) (l) (2), (3), (4) or (5) or Article 24 (6), the seagoing vessel shall not have the appropriate insurance covering the period of operation of the vessel satisfying the conditions laid down or not being insured,"
40. in Paragraph 79 (3) (k), the word "or" shall be deleted;
41. In Paragraph 79, at the end of paragraph 3, the dot is replaced by a comma and the following points (m) and (n) are added:
"(m) in contravention of the directly applicable European Union Regulation on ship recycling 40), shall not ensure that:
1. an inventory of hazardous materials has been placed on board the ship, or the inventory has been kept to a specified extent and in a specified manner;
2. on board a valid certificate of inventory of hazardous materials or a valid certificate of ready for recycling, or
3. the ship has been recycled in a ship recycling facility listed in the European list of ship recycling facilities; or
(n) in contravention of the directly applicable European Union legislation governing ship recycling (40), it shall not operate or prepare a ship intended for recycling in a specified manner, it shall not be accompanied by a certificate of ship preparedness for recycling or a copy of this certificate shall not provide the operator with a ship recycling facility. ';
42.In Paragraph 79 (7) (a), the words "or paragraph 2 (c), (d) or (p)" shall be replaced by "paragraph 2 (c), (d) or (p) or paragraph 3 (m) (3)."
43.In § 79 (7) (b), "h) or (i)" is replaced by "h), (i), (m) (1) or (2) or (n)."
44. In Paragraph 80a, at the end of paragraph 1, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) data from the civil card registration agency information system;
(e) data from the travel document registration information system. ';
45. In Paragraph 80a, at the end of paragraphs 2 and 3, the dot is replaced by a comma and the following point (f) is added:
"(f) the date of death; where a decision of the court on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject did not survive and the date on which the decision was acquired. ';
46. in Article 80a (3) (e) and Article 80a (4) (f), the words "waiving or restricting legal capacity" shall be replaced by the words "limitation of incapacity."
47. In Paragraph 80a, at the end of paragraph 4, the dot is replaced by a comma and the following point (g) is added:
"(g) the date of death or, where applicable, the date on which the decision of the court on the declaration of death referred to as the day of death or the day on which the alien declared dead did not survive."
48. In Paragraph 80a, at the end of paragraph 4, the dot is replaced by a comma and the following point (h) is added:
"(h) digitised photograph."
49. In Paragraph 80a, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The data provided under paragraph 1 (d) shall be the digital processing and signature of the citizen.
(6) The data provided under paragraph 1 (e) are the digital processing of the photograph and signature of the travel document holder. ';
Paragraphs 5 and 6 shall become paragraphs 7 and 8.
50. The following Section 80b is inserted after Section 80a:
In the procedure for issuing a seagoing yacht licence, the Office shall, for the purpose of issuing the licence, obtain a digitised photograph of the applicant or digital processing of the applicant's form or photograph and a digitised handwritten signature of the applicant. If any of these data cannot be obtained from an agency information system for the registration of civil ID, an agency information system for the registration of travel documents or an agency information system for foreigners, the Office shall take it; The Office shall act mutatis mutandis if there is a substantial change in the form of the applicant. ';
Efficacy
This Act shall take effect on the first day of the second calendar month following its publication, with the exception of Article I (44), (48) to (50), which shall take effect on 1 July 2021.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 339 / 2020 Coll., amending Act No. 61 / 2000 Coll., on Maritime Navigation, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.08.2020 |
|---|---|
| Effective from | 01.10.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0