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The Ship Registry Law

Original Language Title: Alusrekisterilaki

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Vessel registration law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1
Vessel register, registered vessels and historical record (11.6.2004)

Ships used for commercial shipping in Finland with a length of at least 15 metres must be kept under the register.

This law also includes floating platforms and structures as well as other floating devices.

The nationality of the vessel is provided for by sea (167/40) .

Finnish passenger ships registered in the register of vessels and of at least 500 Finnish cargo ships engaged in international voyages shall also be regarded as referred to in The History Department. (11.6.2004)

MeriL 167/1939 Has been repealed by MeriL 674/1994 .

ARTICLE 2
Voluntary registration

At the request of the owner, a Finnish vessel, as referred to in Article 1, may be registered at the request of the owner if its length is not less than 10 metres.

ARTICLE 3
Register of vessels under construction

A ship under construction in Finland may be entered in the register of vessels under construction in the context of the register ( Ship building register ), when the ship is completed and meets the conditions for registration provided for in Articles 1 and 2.

If a ship under construction is to be exported to a foreign country after its completion, it may be entered in a ship-building register, regardless of its future nationality and purpose, if its length is not less than 10 metres.

A seaman's register of vessels may be entered before construction starts, provided that the vessel can be identified on the basis of the building number and drawings or otherwise reliably identified.

§ 4
Registration authorities and registries

Safety Agency for Transport and the Åland State Agency ( The registration authority ). The registries are the province of Åland and the rest of Finland. The Åland State Office shall keep a register of vessels domiciled in the province of Åland. (22/12/98)

The vessel in construction shall be entered in the registration register of the registry area where the owner wishes it to be significant.

The seat of the vessel is regulated by the sea.

The role of the registry administrator shall be set out in Chapter 2a. (11.6.2004)

§ 5 (11.6.2004)

Paragraph 5 has been repealed by L 11.6.2004/486 .

ARTICLE 6
Vessel being used for merchant shipping

The vessel referred to in Article 1 shall not be used for commercial shipping until it is entered in the register of vessels and the registration authority has given it a national book.

§ 7
Interim National Certificate

If the vessel referred to in Article 6 is built abroad on behalf of a subscriber, so that the vessel is to be regarded as a Finnish vessel or, if it has become a Finn when it has become a Finn, it shall be confirmed by the new Finnish delegation. A provisional nationality certificate shall be issued to the vessel by the owner of the vessel. However, a temporary national certificate shall not be issued for a longer period than three months.

Where there are specific reasons, the registry authority may, in cases other than those referred to in Article 1 (1), authorise or authorise a temporary national certificate to be issued to a foreign vessel, in cases other than those referred to in paragraph 1. The terms of the registration authority in each case.

In the case of particularly important reasons, the registration authority may, under any conditions, also issue a provisional nationality certificate to a ship in a country of origin which should be entered in the register but which is not labelled.

The Interim National Certificate shall, in the course of its validity, give the same rights as the national book.

§ 8
Relationship with other registers

A vessel registered in the fishing fleet register shall also be entered in the register of vessels if it complies with the conditions laid down in Article 1.

CHAPTER 2

Provisions concerning the register and the vessel construction register

§ 9
Labelling of the register of vessels

The registration of the vessel and the settlement of its ownership of the vessel ( Registration of the ship register ).

The register shall include:

(1) the registration period for the vessel, the registration number, name, previous names, registered office, letters and the IMO number;

(2) the type, tonnage, dimensions, constructor, construction time and place of the vessel and its intended use;

(3) the name, nationality and domicile of the owner and the size of the holding; if the owner is Finnish, indicate the identity number, the trade register number or any other Community symbol; and

(4) if the ship belongs to the ship-host company, the information referred to in paragraph 3 on the main host and the amount of the ship's share of the ship.

The vessel register shall also indicate the attached mortgages, the forecluse, the seizure and the security guard, and the bankruptcy of the owner, as well as the amendments to this information. (30.12.2013)

Where an applicant has a condition which limits his or her entitlement to the transfer or attachment of the vessel, it shall be entered in the register of vessels.

The register may also be entered in the register of the other particulars affecting the registries referred to in paragraph 1.

ARTICLE 10
Labelling in the register of vessels

The registration of a ship under construction and the settlement of its property rights ( Registration of the ship-building registry ).

In the register of vessels:

(1) the registration period of the vessel under construction, the registration number, the construction number of the yard, the construction site and the estimated time of completion;

(2) the species, tonnage and dimensions of the vessel with precision as they are known and the purpose of the vessel;

(3) the name, nationality and domicile of the owner and the size of the holding; if the owner is Finnish, indicate the identity number, the trade register number or any other Community symbol; and

(4) if the ship is constructed on behalf of a ship-ship company, the information referred to in paragraph 3 on the main host and the amount of the shipping share of each owner.

The ship-building register shall include mortgages on the ship under construction, the forecluse, the seizure and the security guard and the declaration of bankruptcy of the owner, as well as any changes to that information. (30.12.2013)

If the applicant is subject to a condition which limits his or her entitlement to the transfer or attachment of a ship under construction, it shall be entered in the logbook register.

The register of vessels may also be entered in the register of other registries referred to in paragraph 1.

ARTICLE 11
Language of the documents to be submitted to the Authority

Other documents to be submitted to the registry authority other than the application may also be in English.

ARTICLE 12 (11.6.2004)
Error correction

The correction of an incorrect solution or incorrect information in the register shall be carried out in accordance with the administrative law (2003) Provisions. The solution to the correction of the error shall be valid, as set out below, for the settlement of the registries. If the correction is not immediately resolved, it shall be entered in the register.

Personal data shall also apply in the case of personal data (523/1999) Provides.

ARTICLE 13
Compensation for injury

The person who is suffering injury from a manifest error of typing or any other fault or lack of evidence on the basis of the register of the vessels' register or the register of vessels or on the basis thereof shall be entitled to compensation State resources.

Where, without reason, the injured party has failed to take the necessary measures to correct the data or otherwise contributed to the injury, the compensation may be reduced or not imposed on compensation.

The right of the injured party to obtain compensation under the contract or any other criterion is transferred to the State in so far as the State has paid compensation.

State intervention in the event of damage compensation is used by the State Treasury.

Chapter 2a (11.6.2004)

Historical register

Article 13a (11.6.2004)
Record keeping

The historical register shall consist of an uninterrupted summary of the operations relating to the ownership of the vessel received by the ship-master and from the foreign registry authority and obtained by the registry authority, which shall also include: Equivalent information received from the previous flag State authority.

The purpose of the register shall be to provide the basis for the fitting of a ship in a registry with a continuous and up-to-date document containing at least the information referred to in Article 13b.

The register shall be deemed to be in accordance with the prescribed formula in English, but the information obtained from the foreign registrant may also be kept in the register in French or Spanish. The relevant information in the register may also be submitted to the registry authority in Finnish or Swedish. Notials and other documents relating to the register shall constitute a file on the ship.

The prior information contained in the register shall not be deleted, modified, scratched or unfit to read.

Article 13b (11.6.2004)
Content of the register

The history register shall be registered for each vessel:

(1) the flag State and the start and end of registration in that State;

(2) IMO number, name and address;

(3) registered owner and address;

(4) any ship without crew leased and its address;

(5) the vessel owner, the address of the vessel and the addresses of which the vessel owner operates safety management activities;

(6) the name of the classification society that has classified the vessel;

(7) the certificate of conformity issued by the International Maritime Organisation (IMO) for the safe operation of ships and for the prevention of pollution by the International Safety Management Code (ISM Code); or The name of the provisional certificate of conformity or of the safety management certificate or of the approved body which issued the safety management certificate or the provisional safety management certificate, as well as the basis of the The name of the person who conducts the audit, if the person carrying out the The provider of the certificate; and

(8) the management or administration of the final or temporary vessel referred to in Annex II to Regulation (EC) No 725/2004 of the European Parliament and of the Council on enhancing ship and port facility security; or The name of the recognised security organisation and the name of the institution which has checked the basis for the issue of the certificate if the body is other than the originator.

Article 13c (11.6.2004)
Obligations of the master and master of the vessel

The vessel shall be notified to the Registration Authority:

(1) the information referred to in Article 13b, where the obligation to register begins at the time of the arrival of the vessel;

(2) at the latest within 30 days of the change in the information referred to in Article 13b; and

(3) a new flag State if the ship master transfers the ship from the Finnish shipping register.

The master or master of the vessel shall:

(1) keep the historical data document on board and allow the inspector concerned to inspect it at any time; and

(2) submit a history information document to the ship when the ship is transferred to another flag State or sold to a new owner when the new tenant is leasing it without crew or when another vessel owner takes responsibility for the use of the vessel.

Article 13d (11.6.2004)
Obligations of the registry authority

The registry authority shall:

(1) a significant register of the ship and any changes in the information referred to in Article 13b;

(2) provide a history information document on the ship in the register;

(3) provide the ship with information on the change in the data subject as soon as possible and at the latest before three months have elapsed since the change took place by correcting, updating or correcting the document;

(4) oblige, where appropriate, the vessel master or master of the ship in the event of a delay in the treatment referred to in paragraph 3, to correct the document on board, in the event of a change in the information entered into it, and to inform the registry thereof;

(5) enter in the register the relevant information provided by the foreign authority when the ship is entered in the Finnish register; and

(6) send the registration data for a new flag State to the administration of a new flag State at the earliest opportunity.

Article 13e (11.6.2004)
Application of other legal provisions

Article 1 (3), Article 4 (1) and (3), Articles 12 and 13, Article 16 (2), Article 28 (1) and Articles 30 to 32, 42, 44 and 45 respectively shall apply to the Historic Register accordingly. Article 22 (1), which provides for the application of the application, shall apply to the notification referred to in this Chapter.

The Ministry of Transport and Communications confirms the formula used in the history register and in the history file.

Article 13f (11.6.2004)
Corrigendum and appeal

The decision to be taken by the registry authority in the history register shall, within 30 days of the notification of the decision, appeal to the person concerned to apply for an adjustment to the decision.

The decision to reject the objection may be appealed against by the Administrative Court, as in the case of an appeal under the law on administrative law (18/06/1996) Provides.

CHAPTER 3

Registration of vessel and ship under construction and registration of ownership

ARTICLE 14
Notification obligation in the shipping register

The vessel owner shall declare the vessel to be registered and apply for registration of his property rights.

The person whose right to property has not yet become final may also apply for registration of its property rights.

On behalf of the shipping company, registration and registration of the right of ownership may also be sought by the master.

§ 15
Application for registration of title

The registration of the ownership of the vessel registered in the register shall be filed within 30 days of the transfer of ownership. If the transfer of ownership or maintenance is dependent on the terms of the contract, the time starts when the condition has become final.

ARTICLE 16
Notification notice

In the event of a change in the non-15 point of the register, the proprietor shall make a written declaration of it in the register within the period prescribed in Article 15.

If otherwise known to the registry authority, this may be entered in the register. The owner of the register shall be consulted. If the amendment or any other person has legal effect, he or she shall also be consulted.

If the name of the vessel has been changed, the vessel shall not be used for commercial shipping until the new name has been notified to the registry authority.

§ 17
Registration of a vessel from abroad

If a ship has been transformed from a foreign Finn, the vessel may be registered in the register only at the stage of submission of a certificate from the registry authority of the ship's former registry, that the vessel has been removed from this vessel register or that: At the same time, the vessel shall be removed or replaced by another marking which shall have an equivalent effect when it is entered in the Finnish shipping register.

The same applies to a new vessel which has been acquired from abroad and which has been registered in a foreign vessel construction register.

ARTICLE 18
Ownership dispute

Notwithstanding the registration of the right to property, the property rights of the vessel and the validity of the recovery can be legally investigated.

§ 19
Registration in double rendition

If someone has handed over a vessel or part of the ship to a number of times and these simultaneously apply for the registration of their property rights in the register of vessels, the transfer that has previously occurred shall be entered in the register.

CHAPTER 4

Procedure for registration of ship and ship under construction and registration of ownership

§ 20
Application for registration

The registration of the vessel and the registration of the right of ownership in the register shall be filed by a written application, which shall be signed by the applicant or his agent.

The application shall include:

(1) the vessel for which registration or registration of ownership is requested;

2) the name of the owner;

(3) other information in the register, unless they appear in the Annexes to the application; and

(4) the telephone number of the owner, his representative or agent and the postal address to which the relevant declarations may be sent.

The applicant shall provide a necessary explanation of the legality of its own recovery. The application shall be accompanied by the documents on which the recovery is based, in the form of originals or certified copies of the public notary.

If the previous owner of the vessel has not been entered in the register, his right of ownership shall be accompanied by a statement necessary to record his/her recovery. However, there is no need to submit a report on the ownership of the previous owner if the vessel has been sold at auction.

ARTICLE 21
Disclosure and handling of registries

The application shall be brought before the competent registry authority. An entry into the register shall be entered in the register without delay.

The registers shall be immediately referred to and settled in the order in which they arrived at the registry authority.

§ 22
Completing the application

If the application is incomplete and the deficiency is remedied, the applicant shall be instructed to supplement his application. The applicant shall be informed of the manner in which the application is incomplete, on that day at the latest, to supplement his application and the consequences of non-compliance. If necessary, a further supplement may be given to the applicant.

If, at the latest on the date referred to in paragraph 1, the applicant does not supplement his application as necessary, the application shall be dismissed as inadmissible.

ARTICLE 23
Consultation

In order to establish the condition relating to the recovery of the vessel, the registering authority may invite a party or other person to attend, in person or as a representative of the agent, to the registry authority in order to be heard.

§ 24
Lending to rest

The application shall be suspended if the vessel may otherwise be registered or the applicant's ownership rights recorded, but:

(1) the recovery or maintenance of a vessel is conditional upon the agreement or any other legal act;

(2) the legal action underlying the recovery of the vessel has not been authorised;

(3) someone else has applied for the registration of the right to the same vessel before the applicant and both have the same beneficiary;

4) there is a dispute about the permanence of a provision or a better right to a ship;

(5) has been entered in the register before the application has been submitted; or

6) an alert has been issued to the applicant to record the ownership of the vessel.

The applicant shall be required to provide, within the time limit, the necessary additional information on the matters referred to in paragraph 1. The adoption of the additional report and the consequences of its failure to do so shall be in force, as provided for in Article 22.

The registration authority may also, on its own initiative, take on the application. However, the application shall not be rejected until the applicant has an opportunity to be heard.

ARTICLE 25
Alert

If the applicant does not present a certificate or a certified copy as referred to in Article 20, but he/she is likely that the recovery book is lost or corrupted and that the recovery is lawful, he or she shall be awarded the right to property To record.

§ 26
The alert procedure

The applicant shall provide an explanation of the circumstances on the basis of which he requests an alert.

Within three months of the date of publication of the alert in the Official Journal, the registration authority shall invite the applicant, who considers himself to have a better right to a vessel than the applicant, to bring an action against the applicant, at the risk of: The ownership of the applicant may be recorded.

The applicant shall publish once in the Official Journal in the first edition of a quarter and once in a national newspaper. In addition, the registry authority shall provide information on the alert to the known persons whose right to property registration may be affected.

If the action has not been brought within the prescribed period, or if the action has been dismissed by a decision which has received the force of the law, or if the action has been lodged, the title of the applicant may be recorded.

§ 27
Rejection of application

The application shall be rejected if:

(1) the report referred to in Article 20 (3) and (4) has not been presented and the alert under Article 25 has not been requested;

(2) the donor was not entitled to the transfer of the ship and the restriction of that right had been entered in the register prior to the transfer; or

(3) there is another obstacle to the registration and registration of the vessel.

ARTICLE 28
Solving the register and the delivery book

The register shall be settled by marking a solution in the register of vessels. If the application is lodged in a resting place or if the authority makes a decision on the other comparable case, it shall be entered in the register. The content of the solution is found in the register. Labels shall be entered in the register without delay.

If the application is rejected, a separate decision shall be taken, which shall be justified. At the request of the applicant, a separate decision shall also be made where the application is lodged in a resting place or where another solution comparable to that of the applicant is submitted.

Vessel registration shall be issued by the National Book of Nationality. In the case of other measures, the applicant shall receive a copy of the national or other certificate or a separate decision as a delivery note.

§ 29
Procedure for registration of a ship under construction and registration of ownership

The registration of a ship under construction may be claimed by its owner.

The registration of the vessel and the registration of its ownership shall apply mutatis mutandis to the registration of the vessel and the registration of its title.

CHAPTER 5

Removal from vessel register and ship building register

ARTICLE 30
Conditions for removal from the vessel register

The vessel owner shall request the ship to be removed from the register within 30 days:

(1) where the vessel no longer meets the conditions for registration provided for in Articles 1 and 2;

(2) when the owner has been informed that the vessel has been destroyed and has been declared immersed; or

(3) since the ship has disappeared and has not been consulted by the (132/33) in Article 71 During the prescribed period.

If the vessel is entered in the register on the basis of an authority's authorisation, it shall be removed from the register immediately after the authorisation has been withdrawn.

If the vessel has become a foreign vessel, the last Finnish owner of the vessel shall also be obliged to remove the vessel from the register.

The vessel shall be removed from the register at the request of the vessel owner if:

(1) the vessel is entered in the register; Article 1 of Chapter 1 of Chapter 1 The approval referred to in paragraph 2; or

(2) Under Article 1 (1) of the Maritime Act, the vessel entered in the register is entered in the register of the country of the European Economic Area under Chapter 1 (4) of the Maritime Code.

(12/01999/1303)

Insurance contract L 132/1933 Has been repealed by L 543/1994 .

ARTICLE 31
The right of the registry authority to remove the vessel

If the registered owner does not fulfil its obligation under Article 30, the registration authority may itself remove the vessel from the vessel register for the reasons stated. Before removing the vessel from the register, the registry authority shall provide an opportunity for the owner to be heard.

The owner of the vessel registered in the register shall be informed without delay of the decision of the registration authority to remove the vessel from the register.

ARTICLE 32
Additional conditions for removal from the register

Where a vessel is affixed or marked as an outlet or under a security measure, it shall not be removed from the shipping register without the written consent of the holder of the attachment or of the applicant or the applicant for the security measure.

Paragraph 1 shall not apply to the transfer of a ship from one of the registries to another.

If the ship belongs to the ship-to-ship company and if the ship has moved to a foreign country with effect that the ship ceases to be Finnish, the registration authority shall not, without the consent of all other ship-masters, remove the vessel from the register. Before the period of redemption referred to in Article 36 (3) of the Maritime Law expired.

MeriL 167/1939 Has been repealed by MeriL 674/1994 .

§ 33
Restoration of the national book

Once the vessel has been removed from the vessel register, it shall be returned to the registry authority by the last Finnish owner.

§ 34
Removal from the ship building register

Within 60 days of the completion of the construction work of the vessel, the owner of the vessel registered in the ship-building register shall request the ship to be removed from the register.

If the owner does not fulfil his obligation under paragraph 1, the registry authority may remove the vessel from the register. Accordingly, the provisions of Article 31 shall apply mutatis mutandis.

ARTICLE 35
Additional conditions for removal from the ship-building register

If a ship under construction in Finland has been registered in a ship-building register which is affixed or marked as an outlet or a security measure, it shall not be removed from the ship-building register without the holder of the anchorage, or Written consent of the applicant for a security measure.

Paragraph 1 shall not apply to the transfer of the vessel to the Finnish vessel register.

Where a ship registered in a ship-building register is removed from the ship-building register and entered in the register of vessels under this law, the attachment, the forecluse, or any other fact which is entered in the ship's register of ships shall be transferred to: To the ship register for that vessel.

CHAPTER 6

Appeals in the registries

§ 36
Valitation

An amendment to the final decision of the registration authority concerning the registration of the vessel or the registration of the right to property and the decision to leave the case for a rest period are sought by the Helsinki Court of Appeal.

ARTICLE 37
Complaint of appeal

When the registry has been resolved, contrary to what the applicant has requested, a written complaint shall be attached to the delivery note. The registry authority shall also issue a complaint of appeal upon request.

ARTICLE 38
Date of appeal

The deadline for filing a complaint is 30 days for notification of the decision. At the latest on the date of expiry of the period of appeal, the applicant shall, at the risk of losing the power of the appeal, forward the appeal to the registry authority. The register shall be entered immediately in the register by the Registry of the Registry.

ARTICLE 39
Application of the rules of the judicial wing

The appeal shall, in addition to the law provided for in this Act, apply mutatis mutandis. However, dissatisfaction is not reported.

The registry authority shall forward a copy of the file and extract from the register to court.

ARTICLE 40
Proceedings before the Court of Appeal

The appeal court shall consider the matter of the registers as a matter of urgency.

ARTICLE 41
Notification of the appeal court's decision and return

The appeal court shall immediately inform the registry authority of its decision.

The registry authority shall, on its own initiative, take the matter referred back by the Court of Appeal.

CHAPTER 7

Outstanding provisions

ARTICLE 42
Periodic penalty payment

The registry authority may impose a periodic penalty payment in order to fulfil an obligation under this law and shall impose a penalty payment on a periodic penalty payment as in the case of the (1313/90) Provides.

ARTICLE 43
Penalty provisions

Vessel owner, who

(1) use the ship referred to in Article 1 for the course of trade before it has been issued with a national certificate or a temporary national certificate;

(2) leave to the registry authority within the prescribed period the application referred to in Article 15, the declaration of amendment referred to in Article 16, or the request referred to in Articles 30 and 34 to withdraw the vessel from the register, or

(3) not complying with the obligation laid down in Article 33 for the return of the national book,

Shall be condemned unless there is a higher penalty elsewhere, On the registration of the fleet register Fine.

Shipmaster who lodges the register referred to in Article 13c (1) within the time limit laid down in Article 13c (1) or in breach of the obligation laid down in Article 13c (2), or the master of the vessel, which infringes Article 13c (2), Must be condemned, unless the law provides for a heavier penalty in the rest of the law, On the registration of the fleet register Fine. (11.6.2004)

Any violation of a penalty or an obligation imposed by the penalty imposed by this law shall not be punishable by the same offence. (11.6.2004)

ARTICLE 44
Legal place

The offence referred to in Article 43 shall be investigated if the offence has occurred abroad or on the way to the courts of the place where the vessel first arrives or where the ship is situated. Otherwise, we will respect what is laid down in the Court of Justice.

ARTICLE 45
More detailed provisions

More detailed provisions on the keeping and registration of the register shall be laid down in the Regulation.

The Regulation may provide that the Ministry of Transport provides detailed provisions on the keeping of the register.

ARTICLE 46
Setting of formulas

The Ministry of Transport confirms the formulae of the National Certificate and the Provisional Nationality Certificate and the forms used for the registration of the vessel to be covered by the registration authority's proposal.

CHAPTER 8

Entry and transitional provisions

§ 47
Entry into force

This Act shall enter into force on 1 November 1993.

Before the entry into force of this Act, measures may be taken to implement the law.

ARTICLE 48 (22/12/98)

§ 48 has been repealed by L 22.12.2009/12 .

THEY 24/93 , LIVM 4/93

Entry into force and application of amending acts:

23.12.1999/1303:

This Act shall enter into force on 1 January 2000.

THEY 14/1999 LiVM 4/1999, EV 90/1999

11.6.2004:

The entry into force of this Act is laid down by a Council regulation. (L 486/2004 comes into force on 1 July 2004 pursuant to A 490/2004)

More detailed provisions on the implementation of this law may be adopted by a Council regulation.

Before the law enters into force, measures may be taken to implement the law.

THEY 59/2004 , LiVM 14/2004, EV 79/2004

22.12.2009:

This Act shall enter into force on 1 January 2010.

Before the law enters into force, action can be taken to enforce the law.

THEY 208/2009 , No 23/2009, EV 203/2009

30.12.2013/158:

This Act shall enter into force on 1 January 2014.

THEY 14/2013 , LaVM 17/2013, EV 203/2013