307 regulation of the Federal Minister for transport, innovation and technology on ship inspection and survey organisations (regulation classes)
On the basis of section 7 para 4 of the maritime compliance Act SSEG, BGBl. No. 387/1996, last modified with Federal Law Gazette I no. 32/2002, is prescribed:
§ 1. The purposes of this Regulation shall apply as:
1. "classes directive": directive 2009/15/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, OJ No. L 131 of May 28, 2009, p. 47;
2. "Classes regulation": Regulation (EC) No. 391/2009 on common rules and standards for ship inspection and survey organisations, OJ No. L 131 of May 28, 2009, p. 11;
3. "recognized organization": an organisation recognised in accordance with regulation classes, which makes the International Convention referred to above ship inspections and-besichtigungen to in article 3, paragraph 1;
4. "Class certificate": A document issued by a recognised organisation that determines the fitness of a ship for a particular use or service in accordance with the rules and regulations laid down by the recognised organisation and published.
Construction and maintenance of Austrian ships
§ 2. Austrian ships (§ 2 No. 1 of the maritime law - SeeSchFG, Federal Law Gazette No 174/1981, as last amended with Federal Law Gazette I no. 41/2005), excluding yachts (§ 2 Z 5 SeeSchFG), must designed, built, equipped, and maintained, that they comply with the rules of a recognised organisation in terms of the hull, the machines and the electrical and the control -, and monitoring equipment.
Transfer of powers
3. (1) the authority may, where this located in the interest of expediency, quickness, simplicity and cost savings and to measuring is need a corresponding, on the respective number of Austrian ships, taking into account the provisions of the annex and a recognised organisation in the form of a written agreement authorize the attachment of to IMO resolution A.847(2) on guidelines to assist flag States in the implementation of IMO instruments , the
1. in the SOLAS Convention (§ 1 Z 1 SSEG) prescribed examinations and checks, 2nd in the MARPOL Convention (§ 1 Z 2 SSEG) prescribed inspections and checks, 3rd in the LOAD LINE Convention (§ 1 Z 4 SSEG) prescribed inspections, checks and to mark points 4. making the issue of class certificates provided for in the SOLAS, MARPOL - and LOAD LINE Convention, unless these recognized organization has a local, legal representation in Germany. It also tasks of worker protection may be transferred.
(2) the duties referred to in paragraph 1 may be transferred only recognised organisations, 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 seagoing vessels for compliance to ensure that in the §§ 6 and 7 referred SSEG regulations and permits and c) at the request of the authority advice on the application of the SOLAS- , To reimburse MARPOL - or LOAD LINE Convention on Austrian ships.
Form and content of the authorisation
4. (1) agreement in accordance with article 3, paragraph 1 governs the functions to be performed by the recognised organisation 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 organizations on behalf of the Administration, taking into account the attachment, attachments, and the supplement to the IMO MSC/circular 710 and to the IMO MEPC/circular of 307 organisations recognised on a model agreement for the authorisation to act for the administration are;
2. the provisions on financial liability pursuant to article 5 paragraph 2 lit. b) classes directive;
3. provisions for the periodic control of the tasks by the recognised organisations 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 of the fleet in the recognised organisation classified as well as class switching and off classification of ships.
Suspension and revocation of authorisation
§ 5 (1) irregularities on the part of the recognised organisation, it does not fulfil their obligations or one of the criteria listed in annex I of the regulation classes is no longer, is arising in the activities referred to in article 3, paragraph 1 to suspend the authorization by the authority - or, in particularly severe cases - to revoke...
(2) the authority shall inform the other Member States and the Commission, stating the reasons without delay of the suspension or revocation.
(3) the suspension or revocation shall be revoked if the European Commission, after implementation of the article 6 para 2 of the classes policy regulatory procedure referred tells that she considers the suspension or the revocation not justified.
(4) during the period of the suspension or revocation of the authorization, the recognised organisation must exhibit no classes certificates for Austrian naval vessels.
6. (1) the authority has the right and the duty, the recognised organisations authorised at any time to check whether they meet their obligations and the tasks entrusted to them correctly.
(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 and the Commission at the latest on 31 March of the year following the reporting year.
Expiry of existing legislation
§ 7. Entry into force this regulation II occurs no. the Ordinance of the Federal Minister for transport, innovation and technology on ship inspection and survey organisations (regulation classes), Federal Law Gazette 34/2004, override.