What is Act No. 90 / 2022 Coll.?

Act No. 90 / 2022 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. 90 / 2022 Coll. effectiveness?

Act No. 90 / 2022 Coll. became effective 01.05.2022.

Is Act No. 90 / 2022 Coll. still valid?

Yes, Act No. 90 / 2022 Coll. is still valid and effective.

How many times was it Act No. 90 / 2022 Coll. amended?

Act No. 90 / 2022 Coll. has 3 time versions of the text.

Act No. 90 / 2022 Coll. - Act amending Act No. 61 / 2000 Coll., on...

90

THE LAW

of 6 April 2022

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., 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., Act No. 183 / 2017 Coll., Act No. 1939 / 2020 Coll., Act No. 609 / 2020 Coll., and Act No. 261 / 2021 Coll., is amended as follows:

1. In footnote 1, the sentence "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 'is deleted.

2. At the end of footnote 1, the sentence "Directive (EU) 2019 / 883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for ship-generated waste, amending Directive 2010 / 65 / EU and repealing Directive 2000 / 59 / EC shall be added to separate rows. Article 2

3. footnote 4a is deleted.

4. in Article 23a (1) of the introductory part of the provisions, Article 23a (3) and the first sentence of Article 23a (5), the words "or the State constituting the European Economic Area" shall be inserted after the words "the European Union";

5. in Article 23a (1) of the introductory part of the provision and in Article 23a (4) of the introductory part of the provision, the words "that Member State" shall be replaced by the words "that State."

6. in Paragraph 23a, the following paragraphs 3 to 6 are inserted after paragraph 2:

"(3) An operator or master of a ship of a gross tonnage exceeding 300 tonnes, heading towards a port of a Member State of the European Union or of a State constituting the European Economic Area, shall notify the authority of that State responsible under its rules by means of a designated form, the details of the ship, the type and quantity of waste on board, the storage capacity of the ship for each type of waste and its transmission to the port reception facility; This is not the case if the competent authority of the Member State of the European Union or of the State constituting the European Economic Area has been granted an exemption from this obligation on account of carriage carried out at regular and frequent stops.

(4) The information referred to in paragraph 3 shall be notified by the operator or master of the ship to:

(a) at least 24 hours before the expected arrival at port;

(b) not later than the time when the ship leaves the previous port, if the voyage period is less than 24 hours; or

(c) immediately after identification of the port of destination, if known less than 24 hours before arrival at the port.

(5) The data notified pursuant to paragraph 3 shall be kept on board at least until the time of departure from the port following the port where the port facility to which the waste was transferred is located and, upon request, make such data available to the competent authority of the Member State of the European Union or of the State constituting the European Economic Area. The data shall be stored in electronic form, unless circumstances prevent which the operator or master of the ship could not avert.

(6) An operator or master of a ship with a gross tonnage exceeding 300 tonnes shall be required to:

(a) record in the system for the exchange of information at sea the data contained in the waste transfer certificate to a port waste reception facility located in a Member State of the European Union or a State forming the European Economic Area before leaving the port where the port facility to which the waste has been transmitted is located or immediately after certification has been issued by the operator of that facility; and

(b) keep a certificate of transfer of waste to the port reception facility on board the ship for at least 2 years from the date of its issue and make it available, upon request, to the competent authority of the Member State of the European Union or of the State constituting the European Economic Area. ';

Paragraphs 3 to 7 shall be renumbered paragraphs 7 to 11.

7. In Paragraph 23a (8) of the Introductory Part of the provision, the words "paragraph 3 coming from a port outside the European Union and going to a port of a Member State of the European Union 'are replaced by the words" paragraph 7 coming from a port outside the European Union or the European Economic Area and going to a port of a Member State of the European Union or a State constituting the European Economic Area'.

8. in Article 23a (8) (b), the words "or the State constituting the European Economic Area" shall be inserted after the words "the European Union."

9. In Paragraph 23a (10), "paragraphs 1 and 3 to 5 'are replaced by" paragraphs 1, 3 and 7 to 9'.

10. in Article 23a (11), the words "The scope of the data transmitted under paragraphs 3 to 5" shall be replaced by the words "Model of the form under paragraph 3 and the scope of the data transmitted under paragraphs 7 to 9";

11. in Article 24 (1) (m), the words "certificate of certification, if issued," shall be inserted after the words "licence."

12. After Paragraph 33, the following Section 33a is inserted:

„§ 33a

Provision of transfer of waste by the master of the seagoing vessel

The master of a seagoing vessel shall, before leaving the port of a Member State of the European Union or a State constituting the European Economic Area, ensure the transfer of waste on board a seagoing vessel to a port reception facility in accordance with the International Marpol Convention; That doesn't apply.

(a) where the competent authority of that State has been granted a derogation from that obligation on the grounds of transport carried out at regular and frequent stops and sufficient storage capacity is available on board a seagoing vessel for all waste generated and generated during a voyage to the next port of destination; or

(b) if the following port of destination is known, there is an appropriate port reception facility in that port; and

1. the information notified by the operator or master of the ship on a gross tonnage exceeding 300 tonnes in accordance with Paragraph 23a (3) and the information contained in the waste transfer certificate to the port reception facility or, if it is another seagoing vessel, the information available on board it indicates that there is sufficient storage capacity on the seagoing vessel for all waste generated and generated during the voyage to that port; or

2. the seagoing vessel has come to port under unfavourable weather conditions or has remained there for less than 24 hours. ';

13. In Section 43 (5) of the Introductory Part of the provision, the words "issued by the Authority 'shall be inserted after the words" holder of a licence'.

14. In the first sentence of Article 43 (6), the words "issued by him 'shall be inserted after the word" holder'.

15. in Paragraph 43 (7) of the introductory part of the provision, the word "him" shall be inserted after the word "Office."

16. In Paragraph 43 (9), the words "issued by the Office 'shall be inserted after the words" licence'.

17. In Paragraph 43, the following paragraph 10 is inserted after paragraph 9:

"(10) The authorisation for the performance of the specific activity and the authorisation for the performance of the work associated with the function of a crew member of a ship shall also certify a valid licence issued by another Member State of the European Union or by a State constituting the European Economic Area; if the certificate is for a crew member at command or operational level, the licence shall be recognised by the Office. ';

Paragraph 10 shall become paragraph 11.

18. in Paragraph 47 (1), the first sentence is deleted;

19. In the first sentence of Paragraph 47 (1), the words "In the case of a holder of a valid licence entitled to exercise his duties at command level 'are replaced by the words" At the request of the holder of a valid licence issued by another Member State of the European Union or by the State constituting the European Economic Area for a crew member at command or operating level'.

20. In the first sentence of Paragraph 47 (1) and in the second sentence of Paragraph 47 (2), the words "and knowledge of the English language," shall be deleted.

21. In the first sentence of Paragraph 47 (1) and in the second sentence of Paragraph 47 (2), the words "and knowledge of the English language" shall be deleted.

22. In the second sentence of Article 47 (1) and in the third sentence of Article 47 (2), the words "or English 'are deleted.

23. In the first sentence of Article 47 (4), the words "after verification of its validity 'shall be inserted after the words" the Office'.

24. in Paragraph 47 (5):

"(5) Where necessary for the operation of a ship, the holder of a valid licence issued by another Member State of the European Union or by a State consisting of the European Economic Area, whose licence has not yet been recognised by the Office, may be boarded as a member of the ship's crew at the command or operational level for a maximum period of 3 months from the date of application for the recognition of the licence. The operator and the master of the ship shall ensure that the proof of application is on board the ship. ';

25. in Paragraph 47, paragraph 6 is deleted;

Paragraphs 7 and 8 shall be renumbered paragraphs 6 and 7.

26. After Paragraph 47, the following Section 47a is inserted:

„§ 47a

Sending information on issued or recognised licences

The Office shall send by 31 January each year: The Commission shall, in anonymised form, have the information relating to crew member licences at command or operational level which it has issued or recognised for the previous calendar year. ';

27. In Paragraph 48, the sentence "Health fitness is also certified by a valid medical certificate issued by another Member State of the European Union or by a State constituting the European Economic Area. 'is added at the end of paragraph 1.

28. in § 48 (3), § 48 (6), first sentence and § 48 (8), the words "issued by the Office" shall be inserted after the words "certificate of medical fitness."

29. in § 78 (2) (k) and § 79 (2) (k), the words "certificate of certification" shall be inserted after the words "licence."

30. in Paragraph 78 (3), the following point (a) is added:

"(a) shall not notify or record the information referred to in Article 23a;"

Points (a) to (n) shall be renumbered (b) to (o).

31. in Article 78 (3), the following point (h) is inserted after point (g):

"(h) in breach of Paragraph 47 (5), shall not ensure that there is evidence of an application for certification of a licence on board a ship;"

Points (h) to (o) shall be renumbered as points (i) to (p).

32. in Paragraph 78 (7), the following point (a) is inserted:

"(a) shall not notify or record the information referred to in Article 23a;"

Points (a) to (q) shall be renumbered as points (b) to (r).

33. in Paragraph 78 (7), the following point (l) is inserted after point (k):

"(l) in breach of Paragraph 33a, it shall not ensure the transfer of waste to port reception facilities;"

Points (l) to (r) shall be renumbered as points (m) to (s).

34. in Paragraph 78 (7), the following point (p) is inserted after point (o):

"(p) in contravention of Paragraph 47 (5), shall not ensure that there is evidence of an application for certification of a licence on board a ship;"

Points (p) to (s) shall be renumbered (q) to (t).

35. in Paragraph 78 (9) (a), "paragraph 3 (m) (3)" is replaced by "paragraph 3 (o) (3)";

36. in Article 78 (9) (b), the words "paragraph 3 (a), (b), (c), (e), (f), (g), (h), (i), (m) (1) or (2) or (n)" shall be replaced by the words "paragraph 7 (f), (c), (d), (g), (h), (j), (k), (o), (q), (r) or (s)";

37. in Paragraph 78 (9) (c), "paragraph 3 (d)" is replaced by "paragraph 3 (e)" and "paragraph 7 (a), (b), (d), (e), (i), (j), (k), (l) or (q)" is replaced by "paragraph 7 (b), (e), (f), (j), (k), (m), (n) or (t)";

38. in Paragraph 78 (9) (d), "paragraph 3 (j), (k) or (l)" is replaced by "paragraph 3 (a), (l), (m) or (n)" and "paragraph 7 (h) or (m)" is replaced by "paragraph 7 (a), (i), (l) or (o)."

39. in Paragraph 78 (9) (e), "paragraph 7 (c)" is replaced by "paragraph 7 (d)";

40. in Article 79 (3), the following point (a) is inserted:

"(a) shall not notify or record the information referred to in Article 23a;"

Points (a) to (n) shall be renumbered (b) to (o).

41.In Article 79 (3), the following point (h) is inserted after point (g):

"(h) in breach of Paragraph 47 (5), shall not ensure that there is evidence of an application for certification of a licence on board a ship;"

Points (h) to (o) shall be renumbered as points (i) to (p).

42.In Paragraph 79 (7) (a), "paragraph 3 (m) (3)" is replaced by "paragraph 3 (o) (3)."

43.In Article 79 (7) (b), "paragraph 3 (a), (b), (c), (e), (f), (g), (h), (i), (m) (1) or (2) or (n)" is replaced by "paragraph 3 (b), (c), (d), (f), (g), (h), (j), (k), (o) (1) or (2) or (p)."

44. in Paragraph 79 (7) (c), "paragraph 3 (d)" is replaced by "paragraph 3 (e)";

45. in Paragraph 79 (7) (d), "paragraph 3 (j), (k) or (l)" is replaced by "paragraph 3 (a), (l), (m) or (n)";

46. in § 85, the text "§ 23a (7)" is replaced by "§ 23a (11)," the text "§ 43 (10)" is replaced by "§ 43 (11)" and the words "§ 47 (1), (2) and (8)" are replaced by "§ 47 (1), (2) and (7)."

Čl. II

Efficacy

That law shall take effect on the first day of the calendar month following its publication.

Pekarová Adamová v. r.

Zeman v. r.

Fiala v. r.

Citation	Act No. 90 / 2022 Coll., amending Act No. 61 / 2000 Coll., on Maritime Navigation, as amended
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	26.04.2022
Effective from	01.05.2022
Effective until	-
Status	Valid

Act No. 90 / 2022 Coll.

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

Contents

Čl. I

„§ 33a

„§ 47a

Čl. II

Contents

Comments 0

Regulation Information

Public Contracts 1

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