34. Regulation of the Federal Minister for transport, innovation and technology on ship inspection and survey organisations (regulation classes) on the basis of § 7 para 4 of the maritime compliance law, BGBl. No. 387/1996, amended with Federal Law Gazette I no. 32/2003, is prescribed:
§ 1. The purposes of this Regulation shall apply as:
1. "classes directive": Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, OJ No. L 319 of 12 December 1994, S 20, as amended by Directive 2001/105/EC of the European Parliament and of the Council amending Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, OJ No. L 19 of 22 January 2002, S 9;
2. "Classification society": a ship inspection and survey organisation, security checks the class directive does;
3. "Safety and pollution prevention performance records": data and reports on safety and pollution prevention in terms of ships classed by a classification society, the Secretariat of the agreement signed on January 26, 1992 in Paris on port State control (Paris MOU) pursuant to Directive 95/21/EC of the Council on the enforcement of international standards for ship safety, prevention of pollution and the living and working conditions on board ships , calling at Community ports and in territorial waters of the Member States drive (port State control), OJ No. L 157, S 1, by the Member States of the European Union be submitted, as well as data and reports on the accidents of ships classed by a classification society.
Construction and maintenance of Austrian ships
§ 2. Austrian ships (§ 2 No. 1 of the maritime Act, Federal Law Gazette No 174/1981, as last amended with Federal Law Gazette I no. 32/2002), excluding yachts (§ 2 Z 5 of the maritime law), must according to the regulations by a Member State of the European Union before January 22, 2002 or by the European Commission in accordance with the classes directive recognised classification society published in the official journal of the European communities built be one and be maintained as , that they have the highest class of the classification society.
Recognition of classification societies
Conditions of recognition
§ 3 (1) it only organizations may be recognized as classification societies, which satisfy the minimum criteria listed in the annex to the directive of the classes.
(2) on an acknowledgement referred to in paragraph 1 is not a legal entitlement.
Procedures for the recognition of
§ 4 (1) is the authority to apply for the recognition of a classification society. The application shall contain in particular:
1. information and evidence to meet the criteria listed in the annex to the directive of the classes, 2. information on the requirements in section 7 and obligations.
(2) the authority requesting their recognition at the European Commission, that para 2 of the classes directive takes the decision on the recognition according to the procedure referred to in article 7 on the basis of the application of the classification society. In the decision on the recognition, the European Commission takes into account also the classification society about the safety and pollution prevention performance records.
(3) the authority may request a three-year limited recognition to the European Commission if the applicant classification society does not meet the stated minimum criteria in section 2 and 3 of classes directive Annex A-Z. When deciding on the extension of the limited recognition, the European Commission relies exclusively on the classification society about the safety and pollution prevention performance records.
Withdrawal of recognition
5. (1) is no longer one of the criteria listed in the annex to the directive of the classes or the safety and pollution prevention performance records is insufficient, the recognition is removed from 7 para. 2 of the classes directive by the European Commission according to the procedure referred to in article, after the classification society has given the opportunity to submit its observations.
(2) when deciding on the withdrawal of the recognition, the European Commission has taken into account the results of reviews pursuant to article 8 and the inspections referred to in article 12, as well as the classification society of the safety and pollution prevention performance records.
Suspend the recognition
A classification society about the safety and pollution prevention records of performance deteriorated section 6 (1), without the need justified the withdrawal of the recognition referred to in article 5, or a classification society reneges on its obligations in accordance with article 7, the European Commission calls on the classification society, to take appropriate measures to improve its performance in the areas of safety and pollution prevention and to fulfil their obligations properly. The classification society to comply with this request in a satisfactory manner, the European Commission is from para. 2 of the classes policy for one year the recognition according to the procedure of article 7, after the classification society has given the opportunity to submit its observations.
(2) be fixed the shortcomings identified in accordance with paragraph 1 within a year, the recognition is withdrawn from 7 para. 2 of the classes directive by the European Commission according to the procedure referred to in article.
(3) during the duration of the suspension of recognition, the classification society may issue any certificates for ships flying the flag of a Member State of the European Union.
Obligations of recognized classification societies
§ 7 recognized classification societies are obliged,
1. the other recognized regularly consult classification societies in order to ensure the equivalence of their technical standards and their implementation in the sense of the provisions of IMO resolution A.847(20) on guidelines to assist flag States in the implementation of IMO instruments, and regularly submit reports on fundamental progress in standards of the European Commission;
2. the authorities of the port State control to collaborate, when a ship of their class is concerned, to facilitate in particular the Elimination of identified deficiencies or other discrepancies.
3. fleet, about changing the Organization, class change, suspension and withdrawal of the class irrespective of the flag, which cause the ships to make; all relevant information about which of them classified the authority, the Commission and the Sirenac information system
4. prior to the issuance of a certificate for a ship which declassed reasons or in another class, is to obtain an opinion from the competent authority of the flag State, on this basis, to decide whether a full inspection is required;
5. in the event that a ship changes the classification society, a) as pass issuing classification society receiving classification society all overdue surveys and requirements, as well as by all operating conditions or restrictions imposed on the ship, to teach and complete documentation, b) to communicate the date of issue of certificates as receiving classification society of issuing classification society prior to issuance of the certificates, as well as date , Location and action taken to accomplish all overdue inspections and regulations to confirm;
6. the European Commission annually to provide the results of the review of its quality assurance system.
Control of recognized classification societies
§ 8 (1) classification societies which were recognized at the request of Austria by the European Commission, the European Commission together with the authority at least once every two years an assessment undergo, verifies whether the classification society meets the criteria of annex of the class directive. The review is carried out in particular on the basis of the proof of performance for the safety and pollution prevention.
(3) the review can be done also through visits to branches of the classification society and random checks of vessels classified by the classification society.
Authorization of classification societies
Transfer of powers
9. (1) the authority may, if this simplicity and cost savings in the interest of expedience, quickness, and given to a corresponding, on the respective number of Austrian ships measuring requirements is a recognised classification society in the way of a written agreement by a Member State of the European Union before January 22, 2002 or by the European Commission in accordance with the classes directive, authorize the
1 in the SOLAS Convention prescribed examinations and checks, 2nd in visits to prescribed prescribed the MARPOL Convention visits and checks, 3rd in the LOAD LINE Convention, checks and to mark points 4. the issuance of the certificates provided for in the SOLAS, MARPOL - and LOAD LINE Convention making, provided that this classification society on a local, legal representation in Germany. It also tasks of worker protection may be transferred.
(2) that are transferred to classification societies only may these tasks in paragraph 1 the
1 in the sea areas, which are often used by Austrian ships, have experts (inspectors) to review and inspection of ships and pledge 2. a) the authority of the outcome of the surveys and inspections Austrian ships to report b) visit and verify the Austrian ships for compliance with the regulations referred to in articles 6 and 7 of the maritime Act of performance and permits to ensure the and c) at the request of the authority report on the application of the SOLAS- , To reimburse MARPOL - or LOAD LINE Convention on Austrian ships.
Form and content of the authorisation
10. (1) agreement in accordance with article 9, paragraph 1 governs the functions to be performed by the classification society and has to have following minimum content:
1. the provisions of annex II of IMO resolution A.739(18) on guidelines for the authorization of the classification companies on behalf of the Administration, as well as the IMO circular MSC/Circ. 710 (same MEPC/Circ. 307) on a model agreement for the authorisation of recognised organisations to act for the Administration;
2. the provisions on financial liability in accordance with article 6 para 2 lit. b) classes directive;
3. provisions for the regular monitoring of the tasks by the classification societies for the authority by the authority;
4. provisions relating to the possibility for random and detailed inspections, ship and 5. rules regarding the dissemination of essential information the fleet classified by the classification society as well as the class change and from classification of ships.
Suspend the authorization
Irregularities on the part of the classification society could be 11. (1) the activities referred to in article 9, paragraph 1, this does not fulfil their obligations or one of the criteria listed in the annex to the directive of the classes is no longer given the authorization by the authority is to suspend.
(2) the authority shall inform the other Member States of the European Union and the European Commission, stating the reasons without delay of the suspension.
(3) the suspension shall be revoked if the European Commission para 2 of classes directive tells after completion of a process pursuant to article 7, that she considers the suspension not justified.
(4) the classification society shall issue any certificates for Austrian naval vessels during the duration of the suspension of the authorization.
Control of authorised classification societies
12. (1) the authority has the right and the duty to check whether this their obligations and the tasks properly comply with them and the minimum criteria specified in the annex of the classes are still authorised classification societies at any time.
(2) the inspections referred to in paragraph 1 must be done at least every two years. The report on the review is to provide the other Member States of the European Union and the European Commission at the latest on 31 March of the year following the reporting year.
Expiry of existing legislation
§ 13. With this regulation in force II is the Ordinance of the Federal Minister for science and transport ship inspection and survey organisations (regulation classes), Federal Law Gazette No. 300/1997 amended regulation BGBl. II No 73/1999, except force.