34. Regulation of the Federal Minister of Transport, Innovation and Technology on ship inspection and survey organisations (Class Regulation)

On the basis of § 7 (4) of the Maritime Fulfillment Act, BGBl. No 387/1996, as last amended by BGBl. I n ° 32/2003, shall be assigned:

Section 1

General

Definitions

§ 1. For the purposes of this Regulation:

1.		"Class Directive": Council Directive 94 /57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, OJ L 254, 30.9.1994, p. No. OJ L 319 of 12 December 1994, S 20, as amended by Directive 2001 /105/EC of the European Parliament and of the Council amending Council Directive 94 /57/EC on common rules and standards for ship inspection and inspection -survey organisations and the relevant activities of the maritime administrations, OJ L 327, 28.4.2002, No. OJ No L 19, 22. Jänner 2002, S 9;
2.		"classification society" means a ship inspection and inspection organisation carrying out safety inspections in accordance with the class directive;
3.		"Proof of performance of safety and pollution prevention": data and reports on safety and pollution prevention with regard to ships classified by a classification society, which shall be the secretariat of the vessels on the 26 Paris Agreement on Port State Control (Paris Agreement), signed in Paris in 1992, under Council Directive 95 /21/EC concerning the enforcement of international standards for ship safety, pollution prevention and pollution prevention. Living and working conditions on board ships calling at Community ports and sailing in the waters under the jurisdiction of the Member States (port State control), OJ L 327, 31.12.2002, p. No. L 157, S 1, transmitted by the Member States of the European Union, as well as data and reports on the accident situation of vessels classified by a classification society.

Construction and maintenance of Austrian seagoing ships

§ 2. Austrian Seeschiffe (§ 2 Z 1 of the Maritime Law, BGBl. No 174/1981, as last amended by BGBl. No 32/2002), with the exception of yachts (§ 2 Z 5 of the Maritime Law), must comply with the rules of one of the Member States of the European Union before the 22. The classification society, published in the Official Journal of the European Communities, in January 2002 or by the European Commission in accordance with the class directive, shall be maintained and maintained in such a way as to ensure that it is the highest class of classification society. of the classification society.

Section 2

Recognition of classification societies

Conditions of recognition

§ 3. (1) Only organisations may be recognised as classification societies which meet the minimum criteria set out in the Annex to the classes Directive.

(2) There is no legal claim for recognition in accordance with paragraph 1.

Procedure for recognition

§ 4. (1) The recognition as a classification society shall be applied to the Authority. In particular, the application shall contain:

1.		details and evidence of compliance with the minimum criteria set out in the Annex to the Classes Directive;
2.		Information on the requirements and obligations set out in § 7.

(2) On the basis of the application of the classification society, the Authority shall apply for recognition to the European Commission, which shall take the decision on recognition in accordance with the procedure laid down in Article 7 (2) of the class directive. In the decision on recognition, the European Commission shall also take into account the performance record of the classification society on safety and pollution prevention.

(3) The Authority may apply to the European Commission for a period of recognition limited to three years if the applicant classification society has the minimum criteria set out in Section A, Z 2 and 3 of the Annex to the Class Directive is not fulfilled. In deciding on the extension of this limited recognition, the European Commission is based solely on the performance of the classification society on safety and pollution prevention.

Withdrawal of recognition

§ 5. (1) If one of the minimum criteria set out in the Annex to the class directive is no longer given, or if the performance record on safety and pollution prevention is insufficient, the recognition by the European Commission shall be adopted in accordance with the The procedure laid down in Article 7 (2) of the classes directive is withdrawn after the classification society has been given the opportunity to submit its observations.

(2) In deciding on the withdrawal of recognition, the European Commission shall take into account the results of the evaluations referred to in § 8 and the verifications referred to in § 12, as well as the performance record of the classification society through the Safety and pollution prevention.

Suspending recognition

§ 6. (1) A deterioration in the performance of a classification society on safety and pollution prevention, without justifying the withdrawal of recognition in accordance with § 5, or holding a classification society In addition, the European Commission calls on the classification society to take appropriate measures to improve its safety and pollution prevention performance, and to take appropriate measures to improve its performance in the areas of safety and pollution prevention. to comply properly with their obligations. If the classification society does not comply with this request in a satisfactory manner, the European Commission shall suspend the recognition in accordance with the procedure laid down in Article 7 (2) of the classes Directive for one year after the Classification society has been given the opportunity to express its views.

(2) If the deficiencies noted in accordance with paragraph 1 are not remedied within one year, the recognition by the European Commission shall be withdrawn in accordance with the procedure laid down in Article 7 (2) of the classes directive.

(3) During the period of suspension of recognition, the classification society shall not issue certificates to ships flying the flag of a Member State of the European Union.

Commitments of recognised classification societies

§ 7. Recognised classification societies are required to:

1.		to consult regularly the other recognised classification societies with a view to the equivalence of their technical standards and their implementation within the meaning of the provisions of IMO Resolution A.847 (20) on guidelines for the support of to ensure that flag States apply the IMO instruments, and to submit regular reports to the European Commission on substantial progress in the standards field;
2.		cooperate with the authorities of port State control when a ship of their class is affected, in particular to facilitate the rectification of identified deficiencies or other deviations;
3.		the Authority, the European Commission and the Sirenac Information System, all relevant information concerning the fleet classified by them, changes in the organisation, class changes, suspension and withdrawal of the class, irrespective of the flag, which ships, to make ships;
4.		to obtain an opinion from the competent authority of the flag State prior to the issuing of a certificate for a ship which has been declassified or classified in another class for safety reasons, in order to decide whether a full review is required;
5.		in the event that a ship changes the classification society,
a)			as a donor Classification society shall inform the receiving classification society of all overdue surveys and obligations, as well as of any operating conditions or restrictions imposed on the ship, and the complete to submit documents,
b)			as the receiving classification society of the issuing classification society prior to the issuing of the certificates, the date of issue of the certificates and the date, place and measures to be taken in order to complete all the overdue documents Visits and conditions have been taken;
6.		to make available to the European Commission annually the results of the verification of its quality assurance system.

Control of recognised classification societies

§ 8. Classification societies recognised by the European Commission at the request of Austria shall be subject to an assessment by the European Commission, jointly with the Authority, at least every two years, in respect of which it shall be reviewed. whether the classification society meets the minimum criteria of the Annex to the Class Directive. The review shall be carried out, in particular, on the basis of the proof of performance of safety and pollution prevention.

(3) The review may also be carried out by inspecting branches of the classification society and random inspections of ships classified by the classification society.

Section 3

Authorizing classification societies

Delegation of responsibilities

§ 9. (1) The Authority may, where this is in the interest of expediency, convenience, simplicity and cost savings, and to meet the needs to be measured at the respective number of Austrian seagoing ships, one of the following: Member State of the European Union before the 22. Authorizing a classification society recognised by the European Commission in accordance with the class directive by means of a written agreement to:

1.		investigations and verifications required by the SOLAS Convention,
2.		Inspections and verifications required by the MARPOL Convention,
3.		surveys, verifications and marketions required by the LOAD LINE Convention, and
4.		The exhibition of the certificates provided for in the SOLAS, MARPOL and LOAD LINE Conventions

, provided that this classification society has a local, legally competent national representation. Tasks of employee protection can also be carried out.

(2) The tasks referred to in paragraph 1 may only be entrusted to classification societies, which shall:

1.		in the sea areas, which are frequently visited by Austrian seagoing vessels, have experts (surveyors) for inspection and inspection of seagoing vessels, and
2.		undertake to:
a)			to report to the Authority on the results of visits and inspections carried out by Austrian seagoing vessels,
b)			to ensure compliance with the regulations and permits referred to in § § 6 and 7 of the Maritime Fulfillment Act, during the inspection and inspection of Austrian seagoing ships, and
c)			, at the request of the Authority, to report on the application of the SOLAS, MARPOL or LOAD LINE Agreement to Austrian seagoing vessels.

Form and content of the empowerment

§ 10. (1) The agreement in accordance with § 9 (1) regulates the tasks to be performed by the classification society and has the following minimum content:

1.		The provisions of Annex II to IMO Resolution A.739 (18) on guidelines for the authorisation of classification societies acting on behalf of the administration and of the IMO circular MSC/Circ.710 (same-denominating MEPC/Circ.307) on a a model agreement for the authorisation of recognised organisations to act in the management of the administration;
2.		Provisions on financial liability in accordance with Article 6 (2) (lit). (b) the class directive;
3.		provisions concerning the regular monitoring by the Authority of the tasks performed by classification societies for the Authority;
4.		Provisions on the possibility of random and in-depth ship inspections and
5.		Provisions on the disclosure of essential information on the fleet classified in the classification society, as well as on the change of class and classification of ships.

Suspend the authorization

§ 11. (1) In the case of the activities referred to in Article 9 (1), irregularities on the part of the classification society, do not comply with their obligations or are not one of the minimum criteria set out in the Annex to the classes directive. more, the authority shall be subject to the authority's authorisation.

The Authority shall immediately inform the other Member States of the European Union and the European Commission of the suspension, indicating the reasons for the suspension.

(3) The suspension shall be revoked if, after carrying out a procedure under Article 7 (2) of the class directive, the European Commission informs the Commission that it does not consider the suspension to be justified.

(4) During the period of suspension of the authorisation, the classification society shall not issue certificates for Austrian seagoing ships.

Control of approved classification societies

§ 12. (1) The Authority shall have the right and the duty to verify at any time the authorised classification societies whether they fulfil their obligations and the tasks assigned to them properly and which are listed in the Annex to the classes Directive the minimum criteria set out in this Regulation are still in place.

(2) The verifications referred to in paragraph 1 shall be carried out at least every two years. The report on the review shall be submitted to the other Member States of the European Union and to the European Commission by 31 March at the latest of the year following the reference year.

Section 4

Final provisions

Except-Force-Trees of existing legislation

§ 13. The regulation of the Federal Minister of Science and Transport on ship inspection and survey organisations (class regulation), BGBl, enters into force with the entry into force of this Regulation. II No 300/1997, as amended by the BGBl Regulation. II No 73/1999, except for force.

Gorbach