Classes Regulation

Original Language Title: Klassen-Verordnung

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307. Regulation of the Federal Minister for Transport, Innovation and Technology on ship inspection and survey organisations (class regulation)

Pursuant to § 7 (4) of the Maritime Fulfillment Act-SSEG, BGBl. No 387/1996, as last amended by BGBl. I n ° 32/2002, shall be assigned:

Definitions

§ 1. For the purposes of this Regulation:

1.

"Class 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 L 80, 23.4.2009.. No. OJ L 131, 28 May 2009, p. 47;

2.

"EU Class Regulation": Regulation (EC) No 391/2009 on common rules and standards for ship inspection and survey organisations (OJ L 327, 22.12.2009, p. No. OJ L 131, 28 May 2009, p. 11;

3.

"recognised organisation" means an organisation recognised in accordance with the EU-class regulation, which carries out inspections and inspections of ships in accordance with the international conventions referred to in Article 3 (1);

4.

"Class Certificate" means a document issued by a recognised organisation which provides for the suitability of a sea vessel for a particular purpose or service in accordance with the rules laid down and published by the recognised organisation .

Construction and maintenance of Austrian seagoing ships

§ 2. Austrian Seeschiffe (§ 2 Z 1 of the Maritime Law-SeeSchFG, BGBl. No 174/1981, as last amended by BGBl. No 41/2005), except for yachts (§ 2 Z 5 SeeSchFG), must be designed, constructed, equipped and maintained in such a way as to ensure that they are used with regard to the hull, the machinery and the electrical and the control, regulation and control systems. Surveillance facilities shall comply with the rules of a recognised organisation.

Delegation of responsibilities

§ 3. (1) The Authority may, where this is in the interest of expediency, convenience, simplicity and cost savings, and a corresponding need to be measured at the respective number of Austrian seagoing ships, taking into account the Provisions of the Annex and the annex to IMO Resolution A.847 (2) on guidelines to assist flag States in the application of IMO instruments authorize a recognised organisation by means of a written agreement which shall:

1.

investigations and verifications required by the SOLAS Convention (Article 1 (1) (SSEC));

2.

surveys and verifications required by the MARPOL Convention (Section 1 (2) of the SSEC),

3.

surveys, verifications and marketions required by the LOAD LINE Convention (§ 1 Z 4 SSEG), and

4.

The issuing of the class certificates provided for in the SOLAS, MARPOL and LOAD LINE Conventions

, provided that this recognised organisation 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 be transferred only to recognised organisations which:

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)

ensure that Austrian seagoing ships are visited and checked for compliance with the regulations and permits referred to in Articles 6 and 7 of the SSEC, 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

§ 4. (1) The agreement pursuant to Section 3 (1) shall govern the tasks to be performed by the recognised organisation and shall contain the following minimum content:

1.

The provisions of Annex II to IMO Resolution A.739 (18) on guidelines for the authorisation of organisations acting on behalf of the administration, the Annex, the annexes and the supplement to the IMO MSC/Circular 710 and the Annex to the Annex to the IMO-MEPC/Circult 307 on a model agreement for the authorisation of recognised organisations for action to be taken into account for the administration;

2.

Provisions on financial liability in accordance with Article 5 (2) (lit). (b) the class directive;

3.

provisions concerning the regular monitoring by the Authority of the tasks performed by the recognised organisations 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 by the recognised organisation and on the change of class and the classification of ships.

Suspending and revocation of the authorization

§ 5. (1) In the case of the activities referred to in section 3 (1), irregularities on the part of the recognised organisation do not comply with their obligations or are not one of the minimum criteria set out in Annex I of the EU-Class Regulation The authorization shall be suspended by the Authority or, in particularly serious cases, to be revoked.

The Authority shall, without delay, inform the other Member States and the European Commission of the reasons for the suspension or suspension of the suspension. of the revocation.

(3) The suspension or the revocation shall be revoked if, after the implementation of the regulatory procedure referred to in Article 6 (2) of the class directive, the European Commission informs the Commission that it is suspending or suspending the suspension, or does not consider the revocation to be justified.

(4) During the period of suspension or revocation of the authorization, the recognised organisation shall not issue classes certificates for Austrian seagoing ships.

Control

§ 6. (1) The Authority shall have the right and the duty to verify at any time the authorised recognised organisations whether they are properly fulfilling their obligations and the tasks entrusted to them.

(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 and to the European Commission by 31 March at the latest of the year following the reference year.

External force of existing legislation

§ 7. With the entry into force of this Regulation, the Regulation of the Federal Minister of Transport, Innovation and Technology shall enter into force on ship inspection and survey organisations (Class Regulation), BGBl. II No 34/2004, except for force.

Bures