Act No. 81 / 2015 Coll.
Act amending Act No. 61 / 2000 Coll., on Maritime Navigation, as amended, and other related laws
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Law
Effective from 01.07.2015
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81
THE LAW
of 18 March 2015
amending Act No. 61 / 2000 Coll., on maritime navigation, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Maritime Navigation Act
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. and Act No. 64 / 2014 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Council Directive 96 / 98 / EC of 20 December 1996 on marine equipment. Council Directive 1999 / 63 / EC of 21 June 1999 on the Agreement on the organisation of working time of seafarers concluded between the European Community Union Maritime Ship Operators Association (ECSA) and the Federation of Transport Workers' Unions (FST). 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 / 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 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. Directive 2008 / 106 / EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers. 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. Directive 2012 / 35 / EU of the European Parliament and of the Council of 21 November 2012 amending Directive 2008 / 106 / EC on the minimum level of training of seafarers. Directive 2013 / 54 / EU of the European Parliament and of the Council of 20 November 2013 on certain obligations of the flag State regarding compliance with and enforcement of the 2006 Maritime Labour Convention. ';
2. In Paragraph 2 (10), the words "the structure and equipment of a seagoing vessel 'are deleted and the words" meeting' are replaced by the words "its construction, equipment, safe traffic management system on it or the conditions for the work of crew members of the vessel '.
3. In Article 2, the following paragraph 11 is added:
"(11) Repatriation means the transport of a crew member upon landing to the place of registered office of the seagoing operator or to another agreed place. ';
4. The heading of Section 12 reads: "Eligibility of the ship to sail."
5. In Section 12, the words "technically 'are deleted and the words" and operated' are inserted after the words "maintained '.
6. in Article 12b (3) (a), the words "and the safe operation management system on board shall be" shall be replaced by the words "the safe operation system on board the ship and the conditions for the work of the crew of the ship shall correspond."
7. in Article 12c (1), the following point (k) is inserted after point (j):
"(k) a certificate for work at sea under the Maritime Labour Convention,"
Point (k) shall be renumbered as point (l).
8. in Article 12e (2), the words "and its equipment" shall be replaced by the words "its equipment and its operation."
9. The following Section 12n is inserted after Section 12m, including the title:
Certification for work at sea
(1) A description of the measures by which the ship's operator ensures compliance with the requirements of the Convention on Working at Sea, Part Five of this Act and the Labour Code, for a ship of gross tonnage, is annexed to the request for approval of the ship's compliance with the requirements of the Maritime Conventions.
(a) exceeding 500 tonnes; or
(b) not exceeding 500 tonnes where the applicant requests approval of compliance with the requirements of the Convention on Working at Sea by crew members.
(2) The Authority will also assess, on the basis of a description of the measures taken by the ship operator, the compliance of the conditions for the work of crew members with the requirements of Part Five of this Act and the Labour Code. To this end, the Office shall seek a binding opinion from the State Labour Inspection Office.
(3) The Office shall, together with the certificate for work at sea, issue a declaration of compliance with the conditions of work at sea, including a description of the measures taken by the operator of the ship listed in the Annex to the application. In a declaration of compliance with the conditions of work at sea, the Office shall record exemptions from the requirements for the work of crew members of a ship granted under Section 12d.
(4) The certificate for sea work and the declaration of compliance with sea work conditions will also expire on the date of entry of the new ship operator into the maritime register.
(5) At the request of a party to the proceedings for the approval of the ship's compliance with the requirements of the maritime conventions, the Office shall issue an interim certificate for work at sea if:
(a) the ship's compliance with the requirements of the maritime conventions is approved;
1. if it is not registered in the maritime register, or
2. Where the previous certificate for sea work has expired in accordance with paragraph 4, and
(b) in the light of the inspections and tests carried out and the assessment of the description of the measures taken by the operator of the ship, it may reasonably be assumed that the compliance of the ship with the requirements of the Convention on Working at Sea will be approved.
(6) The validity of the provisional certificate for seagoing work shall cease to be valid on the date of the entry into force of the decision approving the conformity of the ship with the requirements of the maritime conventions or the decision rejecting the application for approval of the conformity of the ship with the requirements of the maritime conventions, but no later than six months after the date of its issue.
(7) The details of the measures to be taken by the ship operator to ensure compliance with the conditions for the work of crew members shall be laid down in the implementing legislation. ';
10. in Article 13a (1), "or (k)" shall be replaced by "or (l)";
11. in Article 24 (1) (c), the word "technical" shall be deleted;
12. in § 24 (1) (l) to (n):
"(l) the insurance and payment of insurance premiums shall be made throughout the operation of the ship in the case of:
1. liability insurance for ship's operations,
2. insurance against damage caused by the death of a crew member, his accident at work or an occupational disease; and
3. insurance cover the costs of repatriation,
(m) ensure that, in the course of seagoing operations, the seagoing vessel is accompanied by certificates and medical certificates of the master of the seagoing vessel and all crew members; and
(n) ensure that each crew member receives a description of the way in which complaints are handled in labour matters on board, including the contact details of the persons responsible for handling them, persons who may advise the crew member on labour matters and the Office. ';
13. Paragraph 24 (4) is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
14. in Article 25 (1), the following points (t) to (v) are inserted after point (s):
"(t) employment contracts of crew members,
(u) legislation governing the labour relations of ship crew members;
(v) a collective agreement, if concluded, and ';
Point (t) shall be renumbered as point (w).
15. In Article 25, the following paragraph 5 is added:
"(5) The documentary evidence referred to in paragraph 1 (u) and (v) shall be placed on the ship in a place accessible to all crew members of the ship."
16. In Article 27, at the end of the text of paragraph 1, the words "with the exception of legislation governing the labour relations of crew members; in the case of a crew member's employment contract and collective agreement, the original may be replaced by a copy '.
17. In Paragraph 27, at the end of paragraph 2, the sentence "If the contract of employment of a crew member is not drawn up in English or in collective agreement, it shall be supplemented by a translation into that language. '
18. in Article 33 (1) (h), the words "and ensure that the polluting substances referred to in the implementing legislation are not discharged from the ship in quantities exceeding the limit laid down in the implementing act or contrary to the conditions for their discharge laid down in the implementing legislation," shall be deleted;
19. in Paragraph 33 (1), point (m) is deleted;
Points (n) to (s) shall be renumbered as points (m) to (r).
20. Paragraph 42 (1) reads:
"(1) As a member of a ship's crew, only those who are disabled and are entitled to exercise
(a) specific activities the performance of which is necessary to ensure the safety and protection of crew members or seagoing ships on certain types of ships and to manage emergency situations ("special activity"); and
(b) work related to the appropriate function of a crew member, provided that this is provided for in an international contract governing the training, qualification and watchkeeping of seafarers, which is part of the rule of law. ';
21. In Paragraph 42, paragraphs 4 to 6 are added:
"(4) Without prejudice to the provisions of paragraph 1, as a member of the crew, a ship's cook may be boarded by:
(a) have completed secondary education with a graduate examination or certificate in the field of gastronomy and hotels; and
(b) he has completed experience in the field of gastronomy and hotels for at least 24 months.
(5) A crew member shall not carry out work or activities for which he is not authorised, for which he is not disabled or for which he does not meet the requirements laid down in paragraph 4.
(6) The list and characteristics of the specific activities are laid down in implementing legislation. "
22. Paragraph 43 to 46, including the headings and footnotes No 38, read:
Authorisation to perform the duties of ship crew
(1) Authorisations for the pursuit of specific activities shall be granted by the Office on request if the applicant:
(a) holds a medical certificate; and
(b) meets the requirements of an international contract governing the training, qualification and watchkeeping of seafarers which is part of the legal order;
1. minimum age; and
2. competence, which shall include the experience of a crew member, the completion of teaching and training and the demonstration of expertise and skills.
(2) Authorisations for the performance of the work associated with the relevant function of the crew member of the ship shall be granted by the Authority on request if the applicant:
(a) holds an authorisation to carry out a specific activity; and
(b) meets the requirements of an international contract governing the training, qualification and watchkeeping of seafarers which is part of the legal order;
1. minimum age; and
2. competence, which shall include the experience of a crew member, the completion of teaching and training and the demonstration of expertise and skills.
(3) The authorisation for the performance of a specific activity and the authorisation for the performance of the work associated with the function of a crew member at the command and operational level is granted for a period of 5 years. Authorisations for the performance of the work associated with the function of crew member at auxiliary level shall be granted for an indefinite period.
(4) If the Office conforms to an application for authorisation, it shall issue a licence instead of a written copy of the decision. The Office shall issue a separate licence for each function of the ship's crew and for each specific activity, unless otherwise provided for in an international contract governing the training, qualification and watchkeeping of seafarers, which is part of the legal order. The licence shall be a public instrument.
(5) If the licence holder applies for an extension not earlier than 6 months and not later than 90 days before the expiry of the licence, the Authority shall extend its period of validity for a further 5 years,
(a) if the conditions of an international contract governing the training, qualification and watchkeeping of seafarers which is part of the legal order are fulfilled;
(b) where the applicant holds a medical certificate.
(6) If the Authority becomes aware of the facts giving rise to reasonable doubt as to the competence of the licence holder, it shall be ordered to undertake an examination of the expertise and skills within a specified time limit. Where maritime safety is compromised, the Authority shall suspend the authorisation granted until the review has been carried out. The decision to suspend an authorisation shall be the first act in the proceedings and the appeal against that decision shall not have suspensory effect.
(7) The Authority shall withdraw the authorisation granted if:
(a) its holder has infringed the obligation laid down by this law or by an international agreement which is part of the rule of law and which has or may have had serious consequences for human life and health, the environment or the safety of navigation;
(b) its holder no longer fulfils the condition of professional competence;
(c) if the holder of the licence has not submitted to the examination of the expertise and skills referred to in paragraph 6 within the specified period; or
(d) the medical certificate has expired.
(8) The licence expires
(a) the expiry of the period of authorisation; or
(b) the date on which the decision to withdraw the authorisation became final.
(9) The licence holder shall surrender the licence to the Office within 5 working days of the date on which it expires or the date on which the decision to suspend it became final.
(10) Model certificates are provided for in implementing legislation.
Demonstration of expertise and skills
(1) The professional knowledge and skills, the fields of which are defined by an international contract governing the training, qualification and watchkeeping of seafarers, which is part of the legal order, and the knowledge of the legislation of the Czech Republic in the field of maritime navigation, are demonstrated by passing an examination before the Office. The Authority shall issue a certificate of the test result.
(2) The test is non-public and consists in Czech or English. The written part of the test shall be performed to verify the English language knowledge required for the performance of the operational and command level functions. The practical part of the test shall be performed to verify the expertise and skills required for the performance of functions at the auxiliary level. Verification of other knowledge shall be done orally. The test shall be supervised and the result evaluated by at least three members of the test panel appointed by the Office, which shall also designate its chairman.
(3) A report shall be drawn up by the chairman of the examination committee within 7 days of the date of the examination. The chairman of the examination committee shall immediately, upon completion of the protocol on the course and the result of the examination, inform the test result in writing. If the test has failed, the test may be repeated after 2 months of failure. If test failed
(a) only from a single area of knowledge and skills, it may, not later than 18 months after its unsuccessful execution, repeat it only from this subject;
(b) from more than one area of knowledge and skills, it must be repeated in full.
(4) The procedure for the composition of the test, the method of its evaluation and the content of the report on the course and test result shall be laid down in the implementing legislation.
Provision of teaching and training
(1) The instruction and training required for the authorisation under § 43 may provide
(a) a legal person who has been accredited by the Authority to carry out such an activity; or
(b) a legal person who has been granted an accreditation or equivalent authorisation to provide teaching and training by the competent authority of another Member State of the European Union.
(2) The Authority shall grant accreditation on request if the applicant demonstrates that:
(a) a plan is set up to ensure teaching and training, defining the organisation, scope and manner in which teaching and training are carried out, how to evaluate and register teaching and training;
(b) teaching and training will be carried out by persons who are competent under an international contract governing the training, qualification and watchkeeping of seafarers, which is part of the legal order;
(c) has the premises and facilities necessary for carrying out teaching and training under the international contract for the training, qualification and watchkeeping of seafarers, which is part of the legal order; and
(d) have in place an internal quality management system for teaching and training to ensure the proper provision of teaching and training, including early detection and correction of deficiencies; This requirement is deemed to be met if the quality management system complies with the requirements of the harmonised Czech technical standard governing quality management 38).
(3) The application for accreditation shall specify the type of teaching and training it intends to provide. The annex to the application shall be:
(a) a plan for teaching and training;
(b) a list of the persons to be taught and trained, including their names, and surnames, date of birth and address of permanent or similar residence; and
(c) documents proving compliance with the conditions laid down in paragraph 2 (b) to (d).
(4) The decision granting accreditation shall specify the type of teaching and training for which it has granted accreditation. Accreditation is granted for a period of 5 years.
(5) Accreditation holder is required
(a) provide teaching and training in accordance with the accreditation granted and the training plan established;
(b) to notify any changes to the teaching and training plan and to the list of persons carrying out the teaching and training of the Office within 5 working days of the date of the change.
(6) The Office shall withdraw the accreditation granted if the holder of the accreditation is:
(a) no longer fulfils the conditions for accreditation;
(b) has repeatedly or seriously infringed the obligation laid down by this law or by an international agreement governing the training, qualification and watchkeeping of seafarers forming part of the legal order; or
(c) request the withdrawal of accreditation.
(7) The implementing legislation lays down the formalities for the teaching and training plan and the requirements for the certificate of completion of teaching and training.
Recognition of equivalence of education
(1) A natural person applying for an authorisation under Paragraph 43 may request the Office to recognise the equivalence of an education completed with teaching and training in respect of:
(a) a Bachelor's, Master's or doctoral study programme in the field of technical sciences and technology; or
(b) higher vocational education or secondary education with a technical examination.
(2) The Office shall recognise equivalence if the training completed complies with the requirements for teaching and training under an international contract governing the training, qualification and watchkeeping of seafarers which is part of the legal order.
38) ČSN EN ISO 9001 Quality management systems - Requirements. '
23. In the first sentence of Paragraph 47 (2), "if the applicant proves that he is fit for health 'is deleted.
24. In the second sentence of Paragraph 47 (2), the words' is disabled and 'are deleted.
25. in Article 47 (3), the words "or operational" shall be inserted after the word "command."
26. In Article 47 (8), the words "and model certificate of certification of licence 'shall be inserted after the word" competence'.
27. Paragraph 48, including the title, reads:
Health
(1) The medical fitness shall be certified by the Authority on request on the basis of a medical opinion which shall not exceed 3 months of age at the date of application. The medical certificate shall be issued for a period of 2 years.
(2) A medical assessment shall be carried out and a medical assessment shall be issued on the basis of the outcome of medical examinations and other necessary examinations by the medical assessor appointed by the Office in agreement with the Ministry of Health under an international contract governing the training, qualifications and watchkeeping of seafarers, which is part of the legal order. The Office shall publish a list of authorised doctors in the Transport Bulletin.
(3) If, at the time of its validity, the medical assessor finds a change in the medical condition of the holder of the medical certificate which results in a change in his medical fitness, he shall be obliged to issue a new medical assessment and send it to the Office without delay.
(4) If the person concerned does not agree with the conclusion of the medical opinion, he may, within 10 working days of his demonstrable transmission, submit a proposal for his examination to the Office. Within 10 working days of the receipt of the application for review, the Authority shall designate a committee composed of at least three doctors authorised under paragraph 2 to reassess the medical fitness of the person under consideration. If the legal effects of a new medical opinion are found, the previous medical opinion shall cease to be valid. No proposal for a review may be made against the opinion delivered by this Commission. The Authority's medical certification is based on this new medical assessment.
(5) If the period of validity of the medical certificate in the course of a voyage expires, that certificate shall remain valid until the landing of its holder at the place where the medical assessment can be carried out but for a maximum period of 3 months.
(6) If the Authority becomes aware of the facts giving rise to reasonable doubts about medical fitness, it shall order the holder of the medical certificate to submit to a new medical assessment within a specified time limit and, if safety of sea navigation is compromised, suspend the certificate until a new medical assessment is carried out. The decision to suspend the medical certificate is the first act in the proceedings and the appeal against that decision shall not have suspensory effect.
(7) The medical certificate will cease to be valid if:
(a) the period for which the certificate has been issued expires;
(b) the period laid down for the submission of a proposal for a review of a medical opinion, which concludes that the holder of the certificate is not disabled, expires in vain;
(c) the legal effects of a new medical opinion issued by the Panel pursuant to paragraph 4, concluding that the certificate holder is not disabled, or
(d) the holder of the certificate has not submitted to the reassessment of the medical fitness referred to in paragraph 6 within a specified period.
(8) The holder of a medical certificate shall submit the certificate to the Office within 5 working days of the date on which it expires or the date on which the decision to suspend it became final.
(9) The implementing legislation shall lay down the conditions of medical fitness, the scope, the content and the manner in which medical examinations, diseases, defects or conditions which exclude or make medical fitness, the manner in which medical fitness is assessed, the particulars of the medical assessment and the model of the medical certificate. ';
28. In Paragraph 50 (1), "crew member of a seagoing vessel 'is replaced by" master of a seagoing yacht' and "crew member of a seagoing vessel 'is replaced by" master'.
29. in Paragraph 50 (2), "crew member of a seagoing vessel" shall be replaced by "master of a seagoing yacht";
30. in Paragraph 50 (3), the words "or the decision to revoke the recognition of a licence and withdraw the certificate 'shall be deleted;
31. in Paragraph 50 (4), the word "withdrawal" shall be replaced by "withdrawal."
32. In Section 53, the words "and medical certificate 'are inserted after the words" valid certificates' and the words "and medical certificates' are inserted.
33. in Paragraph 61 (1) (c), the words "comply with the rules on occupational safety and hygiene" shall be deleted;
34. in Paragraph 62 (1):
"(1) A crew member may operate on board a ship only on the basis of an employment contract concluded with the operator. The employment contract shall include, in addition to the formalities laid down by the Labour Code:
(a) the name and, where appropriate, the names of the crew member, the date and place of birth;
(b) details of the operator of the ship:
1. the trading firm or the name or, where applicable, the names and surnames, and, where applicable, the distinguishing addendum, the address of the registered office and the identification number of the person, if any, if assigned, in the case of the natural person involved; and
2. the business name or name, address of the registered office and, where assigned, the identification number of the person in the case of a legal person;
(c) identification of the ship on which the service is to be carried out;
(d) the amount of the salary or the method of determining it;
(e) the area of leave in the calendar year or the way in which it is determined;
(f) repatriation arrangements;
(g) an indication of the collective agreements governing the working conditions of the crew member and the designation of the parties to those collective agreements;
(h) information on the arrangements for the separation and termination of employment, the payment of public health insurance premiums and social security premiums and the contribution to state employment policy; and
(i) the date and place of conclusion of the contract. ';
35. in Paragraph 62 (2):
"(2) The operator of the ship shall ensure that the crew member is not a person who did not reach the age of 18 on the day of embarkation. '
36. In Paragraph 62 (4), the words "to pursue secondary activities' are replaced by the words" to carry out dependent work in another basic employment relationship '.
37. Sections 63 and 63a, including the headings, read:
General provisions on working and rest periods
For the purposes of working time and rest periods of a crew member of a ship:
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Regulation Information
| Citation | Act No. 81 / 2015 Coll., amending Act No. 61 / 2000 Coll., on Maritime Navigation, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.2015 |
|---|---|
| Effective from | 01.07.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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