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The Law On The Supervision Of The Safety Of

Original Language Title: Laki alusturvallisuuden valvonnasta

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Law on ship safety oversight

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope of law

This law provides for the enforcement of the rules and regulations on ship safety.

ARTICLE 2 (25.1.2002)
Definitions

For the purposes of this Act and the regulations adopted pursuant thereto: (24.6.2004)

(1) Ship safety The ship's seaworthiness, the safe operation of the vessel, the ship's safety management arrangements, the ship-command safety management system, the ship's housing facilities and working conditions and vessels; The prevention of pollution from the environment; (17.12.2010/11)

(2) Domestic services Traffic between domestic ports; domestic traffic shall be treated as traffic through the Saimaa Canal and directly related Russian waters to Viipur, as well as transport between Greenvojn and Viborg; (17.12.2010/11)

(3) On the ship's master The owner, company, other organisation or person of the ship, or the person of the vessel as a whole, which, either individually or in combination with other persons, exercises effective control over ship safety issues; The ship-master shall be treated as such by the law of a person who, on the basis of an agreement or otherwise, effectively manages the ship's ship safety issues; (17.12.2010/11)

(4) The control directive Council Directive 1999 /35/EC on a mandatory survey system for the safe operation of regular ro-ro ferry and high-speed passenger craft services, as amended by the European Parliament and Council Directive 2002 /84/EC; (24.6.2004)

(5) By international conventions :

(a) the International Convention for the Safety of Life at Sea, 1974 (SopS 11/1981, Solas Convention );

(b) Protocol of 1978 to the 1973 International Convention for the Prevention of Pollution from Ships (SopS 51/1983, MARPOL 73/78 );

(c) the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (SopS 22/1984, Stcw Convention );

(d) the International Convention for the Prevention of clashes at sea in 1972 (Treaty Series 30/1977); COLREGConvention );

(e) the International Convention for the Measurement of Shipments in 1969 (SopS 31/1982);

(f) Convention (No 147) on minimum standards for commercial vessels (SopS 54/1979);

(g) the 1992 Protocol amending the International Convention on Civil Liability for Oil Pollution Damage, 1969 (SopS 43/1996);

(h) the 1966 International Convention on Load Line (SopS 52/1968);

(i) the Maritime Labour Convention 2006 (SopS 52/2013);

(j) the International Convention on the limitation of anti-fouling systems for ships (SopS 93/2010) in 2001;

(k) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (SopS 4/2009);

(17/04/877)

(6) Non-SOLAS Directive Directive 2009 /45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships; (17.12.2010/11)

(7) Ro-ro passenger ship A vessel carrying more than 12 passengers and containing ro-ro cargo spaces or special facilities as defined in Regulation II-2/A/2 of the Annex to the non-SOLAS Directive; (17.12.2010/11)

(8) On a high-speed passenger craft A high-speed craft as defined in Regulation 1 of Chapter X of the SOLAS Convention, which carries more than 12 passengers;

(9) Passenger Any person other than the master and crew of the ship or any other person taken on board or in any capacity on board the ship, or a child under one year of age; (17.12.2010/11)

(10) High-speed craft code, The International Safety Code for high-speed craft contained in Resolution MSC.36 (63) (1994 HSC code) of 20 May 1994 by the Maritime Safety Committee of the International Maritime Organisation (IMO) and the Maritime Safety Committee 5 To Resolution MSC.97 (73) (2000 HSC code) and subsequent amendments to the resolution of December 2000; (17.12.2010/11)

(11) By means of regular services A series of on-board trips to manage traffic between two or more ports of the same port, or a series of journeys from the same port to which they end without the ship being in another port, either published or published; In accordance with the timetable, or so on a regular or frequent basis, that travel is a recognisable systematic series;

(12) In the certificates:

(a) ships operating on international voyages under international conventions, certificates issued on behalf of or on behalf of the flag State and, where appropriate, exemption certificates and authorisations; (17.12.2010/11)

(b) in the case of ro-ro passenger ships and high-speed passenger ships engaged in domestic voyages, safety books issued in accordance with the non-SOLAS Directive and appropriate equipment lists and, where appropriate, exemption certificates and authorisations;

(13) Exemption by means of Certificate issued pursuant to Regulation (a) (vii) of Part B 12 of Annex I to the solas Convention; (17.12.2010/11)

(14) Flag State administration The competent authorities of the State whose flag the ship is entitled to sail; (17.12.2010/11)

(15) The host State A Member State of the European Community whose port or port of a ro-ro passenger ship or high-speed passenger craft carries out regular services;

16) International travel A sea voyage from the port of Finland to a port outside Finland or vice versa;

(17) On the domestic journey Distance from a Finnish port in Finland to another or the same Finnish port; (17.12.2010/11)

(18) By rating agency regulation Regulation (EC) No 391/2009 of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations; (29.12.2015)

19) Recognised organisation A rating agency or any other private body managing statutory tasks on behalf of the flag State authorities; (29.12.2015)

20) The PSC Directive Directive 2009 /16/EC of the European Parliament and of the Council on port State control; (17.12.2010/11)

21) Flag State The State whose flag the ship has the right to sail; (17.12.2010/11)

22) The Paris Protocol The Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982, with subsequent amendments thereto; (17.12.2010/11)

23) On an expanded inspection An inspection of the sites listed in Annex VII to the PSC Directive; an expanded inspection may include a detailed inspection if there are obvious reasons in accordance with Article 13 (3) of the PSC Directive; (17.12.2010/11)

24) Basic inspection, The inspection of the vessel, the purpose of which, in accordance with Article 13 (1) of the PSC Directive, is to verify that the vessel complies with the relevant international conventions and regulations; (17.12.2010/11)

25) By rating certificate A document confirming compliance with Regulation 3 (1) of Part A of Chapter III of Annex II-1 to the solas Convention; (17.12.2010/11)

26) Detailed inspection, An inspection in which the ship, its equipment and crew or some of them are checked under the conditions specified in Article 13 (3) of the PSC Directive, covering the structure, equipment, manning, living and working conditions of the ship; And whether the behaviour of the ship is respected; (17.12.2010/11)

27) The interface between ship and port The interaction which arises when the ship is directly and directly affected by operations requiring the movement of persons and goods or the provision of port services to the ship or ship; (17.12.2010/11)

28) On board an anchorage A port or another area within the jurisdiction of the port, other than that at berth, which contributes to the interaction between the ship and the port; (17.12.2010/11)

29) Detention, The official blocking of the departure of the vessel due to any identified deficiencies which, individually or jointly, make the ship unseaworthy; (17.12.2010/11)

30) The prohibition of the activity The official ban on the ship to continue with one of its activities because the identified deficiencies alone or together would make the continuation of the operation hazardous; (17.12.2010/11)

31) Refusal of access order A decision by the Authority to the master, ship and flag State to refuse access to all Finnish ports and anchorages; (17.12.2010/11)

32) During the night The period between 22 and 6 p.m.; (17.12.2010/11)

33) Declaration Information supplied by a person or organisation having a legitimate interest in the safety of the ship, the safety and health risks of the crew, the shipboard living and working conditions or the prevention of pollution; (17.12.2010/11)

34) The Paris mou region The geographical area where the signatories to the Paris Protocol are carrying out checks in accordance with the Paris mou; (17.12.2010/11)

(35) Audit database An electronic information system to record data on the inspections carried out in the areas of the PSC and the Paris mou Protocol in the regions of the European Union and the Paris mou. (17.12.2010/11)

ARTICLE 3
Other legislation

The navigability of the ship, its safe use and its safe use, the ship-host safety management system and the inspection of the ship shall be valid for the technical safety of the ship, and The Law on Safe Use (1686/2009) And the Law on ship and ship safety management (1687/2009) Provides and provides for and provides for. (29.12.2009)

In addition, control of the rules and regulations on the prevention of pollution from ships is laid down in the Maritime Environmental Protection Act. (1672/2009) . (29.12.2009)

The protection of the labour market and the supervision by the labour inspecting authorities is in force, as is expressly provided for.

Regulation (EC) No 725/2004 of the European Parliament and of the Council on the improvement of ship and port facility security and the control of ships and port facilities, as well as of certain ships and ports: By law on security measures and security measures (485/2004) . (17.12.2010/11)

Shipping equipment whose conformity is internationally agreed upon is laid down in marine equipment (19203/2011) . (29.12.2015)

§ 4
Application of the law to vessels and masters

This law shall apply:

(1) a vessel used for commercial shipping in the Finnish waters and also on a Finnish vessel outside the Finnish waters and the crew of such vessels; (17.12.2010/11)

(2) the vessel referred to in paragraph 1, the vessel owner of the vessel referred to in paragraph 1 and the foreign vessel owner of the vessel which carries out trade in the waters of Finland.

This law shall apply mutatis mutandis to an administrative vessel and to the ship-master of such a vessel. However, the law does not apply to the ship of the armed forces or to the border guard, unless it is used to transport passengers or cargo in general.

Chapter 2

Authority and its tasks (17.12.2010/11)

§ 5 (17.12.2010/11)
Authority

The Transport Safety Agency shall be a supervisory authority within the meaning of this Act.

The Authority shall monitor compliance with the provisions on ship safety and ensure compliance with the provisions of the PSC and the Inspection Directive, notification and information and information Exchange.

Officials of the Authority shall be inspectors within the meaning of this Act.

Inspections under the PSC Directive may be carried out by inspectors who meet the requirements of Annex XI to the PSC Directive. Inspections under the Inspection Directive may be carried out by inspectors who satisfy the requirements of Annex V to the inspection directive. The inspector shall have a certificate containing the information required by Commission Directive 96 /40/EC on the establishment of a common template for the identification of inspectors carrying out port control, certifying that the person Is authorised to carry out inspections.

ARTICLE 6
Inspectors' rights (17.12.2010/11)

The inspector shall be entitled: (17.12.2010/11)

(1) access at any time to a vessel controlled under this law;

(2) access to the documents and lists of documents and lists to be held or maintained by the ship-master or master in respect of the provisions relating to ship safety and the provisions of international agreements relating to the ship or its use; And obtain copies of documents or lists;

(3) to obtain information and assistance from the master and other persons serving the ship in the inspection of ship safety;

(4) use the expert's assistance when it is necessary to carry out the inspection;

(5) to use the rating agency authorised by the Authority to carry out the safety management arrangements and the ship-host safety management system for the ship's safe operation; (17.12.2010/11)

(6) submit a ship inspection or investigation as necessary if the ship does not have the documents or lists referred to in paragraph 2, or where there are reasonable grounds to believe that the vessel is not seaworthy or otherwise does not: The provisions on ship safety and the provisions of international conventions which are binding on Finland;

(7) checks that the ship's personnel are able to perform the tasks necessary for the safety of the ship; and

(8) inspect the ship-master's safety management system to the extent required by ship safety.

§ 7 (17.12.2010/11)
Submission of inspections on board vessels

Vessel security checks must be carried out as often and as efficiently as necessary for monitoring purposes and are subject to mandatory international conventions or national provisions requiring Finland.

If the flag State of a foreign vessel has not ratified the stcw Convention, the inspector shall verify the validity of the crew. Furthermore, the qualification of the legal persons shall be verified if there are clear grounds for suspecting that the watchkeeping requirements under the STCW Convention have not been complied with.

In addition, the inspector shall check the communication capacity and language skills of the foreign passenger ship and the tanker in order to ensure that the crew is able to communicate with each other security information and exchange information on With the authorities. Likewise, the inspector shall verify that passengers on board a foreign passenger ship in an emergency are able to provide adequate information to passengers in such a situation.

A ship safety inspection or detention shall be provided in such a way that the purpose of the control is carried out without causing undue disruption to the operation of the ship. Ship security shall be notified to the ship manager or to the master. Their absence is not an obstacle to the delivery of the inspection.

§ 8 (17.12.2010/11)
Inspection report

The inspector shall draw up an inspection report on the inspection of ship safety. The inspection report shall be submitted to the master of the vessel.

The inspector shall draw up an inspection report in accordance with Annex IX to the PSC Directive in accordance with the PSC Directive. The inspector shall be responsible for the immediate transfer of the data from the inspection report to the inspection database after the audit report has been completed and that the data transferred to the inspection database are confirmed within 72 hours of the completion of the audit.

The inspection report referred to in Article 9 of the Inspection Directive shall be drawn up in accordance with the inspection directive.

§ 9
Official auxiliaries

In the cases provided for in this Law, port, customs, border, police, health and safety authorities, as well as the armed forces and the Transport Agency, each of their sectors are obliged to provide, on request, the necessary administrative assistance in the transport sector. To the Security Agency. The administrative assistance provided by the Border Guard is laid down in the Border Guard Act (1920/2005) . (17.12.2010/11)

In the event of an attempt to prevent or interfere with an inspection or other measure within the meaning of this Act, the police shall provide official assistance for the conduct of the inspection.

The Council of State may adopt more detailed rules on the procedure for requesting and applying for the provision of services.

Chapter 3

Verification of ship safety and prior notification of the vessel (24.6.2004)

ARTICLE 10
Review of documents

The vessel shall be deemed to comply with the national provisions on ship safety and the provisions of the international agreements on ship safety which are binding on Finland, if it has existing provisions and regulations; or The certificates required under the contracts and the certificates of safety and certificates, and unless there are reasonable grounds to believe that the actual situation of the ship does not correspond to the information provided in the documents.

ARTICLE 11 (17/04/877)
Ship inspection or investigation

A ship inspection or investigation shall be provided where there are no documents referred to in Article 10 or where there are reasonable grounds to believe that the actual situation of the ship is not relevant to the information provided in the documents.

A detailed inspection of a foreign vessel shall be carried out in accordance with the PSC Directive if, in the context of the inspection referred to in paragraph 1, there are indications that the condition of the vessel or its equipment is not relevant. Complies with the requirements imposed on them. A detailed inspection shall also be carried out on a foreign ship whose flag State is not a contracting party to the international convention referred to in Article 2 (5). The Authority shall inform the Authority, in accordance with the provisions of the Law on the Working and Housing Environment of the Ships and on Food Maintenance (185/2012) , and to national maritime labour market organisations, where the inspection reveals significant deficiencies in the shipboard living and working conditions, or where the deficiencies have been reported in accordance with Article 20 of this Law.

If it is not possible to establish ship safety as a result of the fact that the ship's flag State is not bound by international agreements obliging the ship to hold the documents referred to in Article 10, or The ship is not covered by the contract, when carrying out an inspection, it is necessary to verify that the vessel does not, in the case of ship safety, deviate substantially from the requirements which the Finnish vessel of the size and equivalent of the size of the ship is: Meet.

Article 11a (17.12.2010/11)
Prior notification

The master or master of the ship covered by the extended inspection referred to in Article 14 (1) of the PSC Directive shall be responsible for the submission of information concerning the ship and its visit referred to in Annex III to the PSC Directive To the Authority. The data shall be transmitted via PortNet no later than three days before the time of arrival of the vessel in port or anchorage, or before departure from the previous port, if the voyage is expected to take less than three days. The vessel's representative or agent shall be responsible for notifying the actual arrival and departure time of the vessel to the PortNet system.

The Authority shall inform the master or ship manager of the ex-ante notification if the expanded inspection is not carried out on the basis of the prior notification.

Article 11b (17.12.2010/11)
Extended inspection

The Authority shall carry out an expanded inspection in accordance with the PSC Directive if the vessel complies with the conditions set out in points 3A and 3B of Part II of Annex II to the PSC Directive.

Subject to control measures under the law on security measures and security measures for certain vessels and of ports serving them, the ship shall remain in port until the inspection has been carried out.

Article 11c (17.12.2010/11)
Compulsory inspection

The Authority shall carry out the compulsory periodic inspection of a ship under the PSC Directive in accordance with Section 1 of Part I of Annex II to the PSC Directive.

Regardless of the ship's urgency class, the ship inspection shall be carried out if the primary factor referred to in point 2A of Part II of Annex II to the PSC Directive is demonstrated.

Article 11d (17.12.2010/11)
Relocation of mandatory inspection

The Authority may delegate the mandatory inspection referred to in Article 11c of the ship if:

(1) the inspection may be carried out in a Finnish port or anchorage within 15 days and the vessel is not in any other port of the European Union or of the Paris mou region;

(2) the Authority has agreed in advance that the inspection will be carried out within 15 days of any other port of the European Union or Paris mou; or

3) the vessel shall only be at the anchorage and the Authority has ascertained that it will be possible to check the ship in another port of the European Union or the Paris mou within 15 days.

The Authority shall mark the transfer of the inspection to the inspection database.

Article 11e (17.12.2010/11)
Derogations

A mandatory inspection of a ship under the PSC Directive may not be carried out if:

(1) the Authority considers that the inspection would jeopardise the inspector, the ship or its crew or port security or the marine environment;

(2) the ship is at the port at night, other than in regular traffic; or

(3) the vessel shall be at the anchorage at night or at the port or anchorage at the port or anchorage for such a short time that the inspection cannot be performed satisfactorily.

The control authority shall mark the inspection database if the inspection is not carried out.

Chapter 4

Forced remedies and sanctions

ARTICLE 12
Lack or maladministration detected in ship safety

If the inspection or otherwise it is found that the ship does not comply with the provisions on ship safety or international agreements which are binding on Finland, or that the vessel or master of the ship does not otherwise comply with the provisions of the , the Authority shall, after consultation with the ship-master or the master of the vessel, provide appropriate guidance for the correction of deficiencies or the removal of maladministration.

In the event of insubordination or lack of delay, the Authority may, after consultation with the parties concerned, oblige the master or master to take the necessary measures to remedy a deficiency or omission within a reasonable period. If the decision concerns a foreign vessel, the hearing of the chief concerned shall be considered to be the hearing of the chief concerned during the inspection.

ARTICLE 13 (22/092009/1293)
Periodic penalty payment and threat of suspension

The Finnish Transport Safety Agency may intensify the provision laid down in Article 12 (2) on penalty payments or penalty payments. The periodic penalty payment and the threat of suspension may be imposed on the ship's ship or his representative or on both. The penalty payment and the suspension threat are laid down in the (1113/1990) .

Where a supervisory authority has reasonable grounds to suspect that the ship-owner is trying to avoid compliance with the decision by transferring the ship from Finnish traffic, the Finnish Transport Safety Agency may impose a penalty payment on the vessel. An equivalent guarantee before departure from the port of Finland. Upon completion of the measure imposed by the Authority, the guarantee shall be returned to the ship's master.

ARTICLE 14 (17/04/877)
Stopping the vessel, limiting its use and prohibiting the use of its equipment, equipment, function and arrangement

If the defect or defect in the ship's safety is such that the use of the ship in the transport to which it is intended poses an immediate threat to the ship or to the ship's crew, the risk to human life or a material risk to health, For transport or the marine environment, the Authority shall make a written decision to stop the ship, limit its use or prohibit the use of its equipment, equipment, function or arrangement until the defect or defect has been rectified. A written decision shall be reasoned and informed of any circumstances that have led to the detention of the vessel.

The Authority may also take the decision referred to in paragraph 1 if the ship-master or the master objects to an inspection or if the control authority is not provided with the documents, lists or information it is entitled to under Article 6. , or where the vessel master or the master of the ship fails to correct a deficiency or maladministration found in the ship security within the time limit set by the Authority.

Any decision to stop the ship, limit its use or prohibit the use of its equipment, equipment, function or arrangement shall be complied with immediately. The decision shall be notified without delay to the master of the vessel and, in the case of a foreign vessel, to the flag State administration or to the nearest consular or diplomatic representative. The notification shall be accompanied by an inspection report. In addition, it shall be notified, where appropriate, to the designated surveyor or recognised organisations responsible for issuing rating certificates. A representative of the Administration of the flag State shall be invited by the Authority if the decision to halt the ship is based on essential deficiencies in the shipboard living and working conditions. The Authority shall also inform the national maritime labour market organisations of the deficiencies.

Where the deficiencies referred to in paragraph 1 cannot be rectified at the port of inspection, the Authority may authorise the ship to continue its journey to the nearest, or to the appropriate repair yard chosen by the master and the authority of that authority. In case the vessel complies with the conditions laid down by the competent authority of the flag State and approved by the Authority.

If the decision to stop the ship, as referred to in paragraph 1, is based on essential deficiencies in the living and working conditions of the crew, the detention order or the interruption of the activity shall not be withdrawn until such deficiencies are: Rectified or approved by the Authority to remedy the shortcomings of the action plan.

Article 14a (20.6.1996/461)
Suspension of operation

The decision referred to in Article 7 of Council Regulation (EC) No 3051/95 on the safety management of ro-ro passenger ships shall be suspended by the Ministry.

Article 14b (24.6.2004)
Lack of documents in accordance with the data recorder or ISM Code

The Authority shall stop a foreign vessel if it is not equipped with a functioning voyage data recorder and the use of the voyage data recorder is to establish a Community vessel traffic monitoring and information system, and the Directive 2002/59/EC of the European Parliament and of the Council repealing Regulation 93 /75/EEC is compulsory. If the deficiency cannot be quickly rectified at the port of detention, the Authority may authorise the ship to proceed to the nearest suitable port to address the deficiency or require that the deficiency be rectified within 30 days. (17.12.2010/11)

In addition, the Authority must stop a foreign vessel if the inspection reveals that the International Command Code on Safe Operation of Ships and the Prevention of Pollution ( ISM Code ) Or the safety management certificate issued shall not be on board the ship to which the ISM Code applies.

The Authority may authorise the transfer of a detained vessel within the port area to avoid congestion in the port if the shipment can be carried out safely. (17.12.2010/11)

Article 14c (17.12.2010/11)
First refusal of access to a ship's port

The Authority shall refuse access to a port or anchorage of a foreign vessel which it has intercepted if:

(1) the flag State of the vessel is listed on a grey list published annually by the European Commission and has been detained or suspended in the course of the preceding 24 months, pursuant to the inspection directive, two times the European Union or Paris The port or anchorage of the Protocol area; or

(2) the flag State of the vessel is on a blacklist published annually by the European Commission and has been detained or suspended in accordance with the inspection directive in the last 36 months of the European Union or of Paris; The port or anchorage of the Protocol area.

Upon application by the vessel owner or ship owner, the Authority shall revoke the refusal order referred to in paragraph 1 at the earliest three months after the date of the adoption of the decision if the owner or ship of the vessel presents evidence that: The ship then complies with the conditions set out in points 3 to 9 of Annex VIII to the PSC Directive.

Article 14d (17.12.2010/11)
Second refusal of access to a ship's port

If the Authority stops a foreign vessel in a port or anchorage and has been subject to one previous denial order and the conditions of Article 14c (1) (1) or (2) are met, the Authority shall refuse access to the ship Port or anchorage.

Upon application by the vessel owner or ship owner, the Authority shall revoke the refusal order referred to in paragraph 1 no earlier than 12 months after the issuing of the order, provided that the ship's owner or ship presents evidence that the ship Meets the conditions set out in points 3 to 9 of Annex VIII to the PSC Directive.

Article 14e (17.12.2010/11)
For the third time refusal of access to a ship's port

Where the Authority stops a foreign vessel in port or anchorage and has been subject to two previous refusal orders, the Authority shall refuse access to the port or anchorage.

Upon application by the vessel owner or ship owner, the Authority shall revoke the refusal order referred to in paragraph 1 no earlier than 24 months after the issuing of the order, if the owner or the vessel owner presents evidence that:

(1) the flag State of the vessel is not on a black or grey list published annually by the European Commission;

(2) the ship has statutory certificates and classification certificates issued by the competent authority of the Member State of the European Union or of the Paris MOU, or by an establishment approved in accordance with the classification regulation; (29.12.2015)

(3) the quality of the operations determined by the ship-management company's lack and detention rate is high; and

(4) meets the conditions set out in points 3 to 9 of Annex VIII to the PSC Directive.

Article 14f (17.12.2010/11)
Denied refusal of access to port

From ships which do not meet the conditions set out in Article 14e (2) (1) to (4) of Article 14e 24 months after the third refusal order referred to in Article 14e, the Authority shall permanently refuse access to Finnish ports and To anchorages.

If the Authority stops a foreign vessel in port or anchorage and has been subject to three previous refusal orders, the Authority shall permanently refuse access to Finnish ports and anchorages.

Article 14g (12/04/2013)
Expulsion of a vessel or refusal of access to port in certain other situations

If there is no sea law on a foreign ship Article 7 (3) of Chapter 7 , the Authority may take a decision on the expulsion of the vessel. The decision to deport the vessel must be addressed to the ship's ship and immediately followed. The expulsion decision shall also be notified to the Commission and the other Member States. Even if the conditions for expulsion are met, the Authority may, in an individual case, not take a decision to expel, if the master of the vessel presents a legitimate reason for the absence of a certificate and if the owner, master of the vessel, or The master of the vessel has taken appropriate steps to remedy the situation by the Authority. The Authority may, in an individual case, not take a expulsion decision on the grounds set out in Article 14h (3), i.e. on the same basis as it may allow access to a port, even if the conditions for refusal are met.

The Authority shall refuse access to a port and anchorage of a foreign vessel where, in the cases referred to in Article 14 (4) and in the cases referred to in Article 21 (4) of the PSC Directive, a vessel which enters the sea does not meet the conditions The supervisory authority or the competent authorities at the port of inspection in a Member State have set or refuse to comply with the relevant requirements of the Conventions by not arriving at the repair yard or if any other The ship has been expelled by a Member State because it has not provided for Article 3 of Chapter 7 of the Maritime Law, The certificate issued by the insurer.

Access to the port shall be refused until the ship's owner or ship owner has provided evidence that the ship meets all the relevant requirements of the Conventions and that the ship's deficiencies have been identified by the Authority or by the ship's deficiencies. They have been approved by the competent authorities of the certifying Member State.

Article 14h (17.12.2010/11)
Procedures for refusal of access to the port of vessel

The decision on refusal shall be complied with immediately after the foreign vessel has been authorised to leave the port or anchorage where it has been detained and where it has been issued a denial order.

Where the competent authority of a Member State of the European Union or of a signatory State to the Paris Protocol has refused access to its port or anchorage from a foreign vessel, the Authority shall ensure that the ship is not allowed access to the Finnish Port or anchorage.

Even if the conditions for refusal of access to a port are met, the Authority may, in an individual case, allow the ship to enter a port in the event of force majeure, by force majeure due to the main safety aspects, to remedy the deficiencies, or In order to eliminate the risk of pollution if the ship's owner, vessel owner or master of the vessel has taken the necessary measures to ensure a safe port in order to ensure safe harbour.

§ 15
Notification of the charge

If there is reason to suspect that there has been a breach of the provisions on ship safety, the Authority shall notify the Prosecutor accordingly. (13/05/476)

The notification may not be made if the offence is minor and if it appears that the act has been taken into account in the light of the circumstances of the carelessness or thoughtlessness, and the public interest does not require notification.

The Authority shall be given an opportunity to intervene in the preliminary investigation and in the court of law in the case in which the notification has been lodged by that authority.

ARTICLE 16 (11.4.2008/216)
Vessel security monitoring offence

Shipmaster, his representative, the master of the vessel or any other person responsible for the use of the vessel, which does not comply with a decision or orders issued by the Authority pursuant to Article 12 (2) or Article 14 (2), or the ship master or the master of the vessel, Failing to make a prior notification in accordance with Article 11a, shall be condemned unless a heavier penalty has been imposed elsewhere, On the security breach of ship safety Fine.

§ 17 (21/05/1999)
Breach of professional secrecy

The penalty for breach of the obligation of professional secrecy laid down in Article 20 Article 5 of Chapter 40 of the Penal Code , unless the act is punishable Chapter 38 of the Criminal Code In accordance with Article 1 or 2, or unless otherwise provided for by law, the law provides for a heavier penalty.

Chapter 4a (25.1.2002)

Ensuring the safety of regular ro-ro passenger craft and high-speed passenger craft services

§ 17a (25.1.2002)
Scope of the chapter

This Chapter applies to ro-ro passenger ships and high-speed passenger craft, which regularly operate in Finnish port or port.

However, this Chapter shall not apply to vessels referred to in paragraph 1 which operate exclusively in accordance with the provisions of the Regulation on the safety of passenger ships operating for certain domestic voyages (1307/1999) Article 5 In the zone B, C or D, or in inland waters of Finland.

Article 17b (25.1.2002)
Basic checks on ships

Prior to the start of regular operations on the ro-ro passenger ship or on a high-speed passenger ship, the Authority shall verify that the vessel complies with the following requirements:

(1) it holds valid certificates issued by the Administration of the flag State or by a recognised organisation acting on its behalf;

(2) it has been surveyed for the purposes of the General Assembly Resolution A. 746 (18) of the General Assembly of the International Maritime Organisation for the issuing of certificates issued in a harmonised system of survey and certification. In accordance with the applicable procedures and instructions, as they were on 29 April 1999, or in accordance with other equivalent procedures;

(3) it is in accordance with the rating requirements laid down in the statutes of the recognised organisation or the rules adopted by the Administration of the flag State as regards the construction and maintenance of the body, machinery and electrical and control equipment;

4) it is equipped with a voyage data recorder.

In addition, it shall be verified that a Finnish ro-ro passenger ship and a ro-ro passenger flying the flag of another Contracting State is a ship between the ports of north-west Europe and the Baltic Sea ports or ports or ports thereof. In accordance with the requirements of the agreement (SopS 20/1997) on the stability of ro-ro passenger ships engaged in regular international road transport operations.

§ 17c (25.1.2002)
Basic checks for shipmasters and flag States

Prior to the commencement of regular operations, the Authority shall verify that the vessels carrying out or intending to operate a regular service on a ro-ro passenger ship or on a high-speed passenger ship shall: The measures necessary to comply with the specific requirements laid down in Annex I to the Control Directive and the provisions of Article 17b of this Act.

The Authority shall also verify that the ship-masters are authorised in advance to allow the host States and other Member States of the European Community, to a significant extent, to carry out accidents at sea Or incident investigation, participate fully in it or cooperate in this investigation in accordance with Article 12 of the inspection directive. Likewise, the Authority shall verify that the ship-masters provide it with the information from the voyage data recorder of the ship involved in such an accident or incident.

In addition, the Authority shall verify that the flag State of the non-ro-ro passenger ship and the high-speed passenger ship flying the flag of a Member State of the European Community has accepted the undertaking's undertaking to comply with paragraphs 1 and 2 Requirements.

Article 17d (25.1.2002)
Specific basic checks

Prior to the commencement of regular operations, the Authority shall carry out a specific basic check in accordance with Annexes I and III to the Control Directive in order to ensure that the ro-ro passenger ship or the high-speed passenger ship complies with: The requirements for the safe operation of regular services.

The Authority shall set a time limit for carrying out the inspection, which shall not exceed one month after receipt of the evidence necessary for the completion of the basic checks referred to in Articles 17b and 17c.

Article 17e (25.1.2002)
Specific provisions for inspections

If a ro-ro passenger ship or a high-speed passenger ship carrying out comparable transport operations within the meaning of this Chapter is to be carried out on board, within the meaning of this Chapter, the operation of the port or port of Finland; The Authority shall take into account, as far as possible, the basic checks carried out on the ship in question and the specific basic checks carried out on a regular basis. If the Authority accepts these previously carried out checks and are suitable for new operating conditions, it does not need to apply Articles 17b to 17d before the start of the new operation.

If a ro-ro passenger ship or a high-speed passenger craft carrying out regular services from a port or port of Finland within the meaning of this Chapter is carried out on a regular basis to a new route and if the Authority: And the other host countries consider that the characteristics of the new route of the vessel are identical to that of the former and that the ship meets all the requirements for the safe operation of that operation, and Article 17b-17d does not need to be applied. At the request of the vessel owner, the Authority may confirm in advance that it considers the characteristics of the route to be the same.

The Authority may allow the replacement of a ro-ro passenger ship or a high-speed passenger craft due to unforeseen circumstances as a matter of urgency in order to safeguard the continuation of another transport service, although paragraphs 1 and 2 are not applicable if: The visual inspection of the documents and the vessel does not give rise to any doubt as to the safety of the operation. In that case, the Authority shall complete the checks referred to in Articles 17 b3-17d within one month of the substitution.

Article 17f (25.1.2002)
Periodic inspections and other controls

The Authority shall, once a period of 12 months, carry out a special inspection in accordance with Annex III to the Ro-Ro passenger ship or high speed passenger ship and, during regular operation, an inspection with adequate checking of: The number of points referred to in Annexes I, III and IV to the Control Directive to ensure that the ship meets all the requirements for safe operation of the operation.

A specific inspection shall be carried out by the Authority in accordance with Annex III to the Control Directive each time that a ro-ro passenger ship or a high-speed passenger ship is subject to significant repairs, alterations or alterations, or when a ship Shipmaster or flag, or when the vessel is transferred to another category. However, the vessel may be exempted from the special inspection provided for in this paragraph when the ship's ship master or flag is changed, or when the ship is transferred to another category if the exchange or transfer does not affect the safe operation of the ship, taking into account: Inspections previously carried out on board.

Where the checks referred to in paragraph 1 reveal shortcomings in relation to the requirements of this Chapter, which give rise to a failure to operate, the ship-master shall reimburse all costs related to inspections.

Article 17g (25.1.2002)
Cooperation between host countries and the flag State of the vessel

In applying this Chapter, the Authority shall cooperate with the administration of the other host State of the ro-ro passenger ship or high speed passenger ship carrying out regular operations and, if the vessel is not Finnish, its flag State With administration.

Any disagreement on the appropriateness of the exemption certificate issued or recognised by the Authority must be settled before carrying out a specific review.

In the case of a high-speed passenger craft, the Authority shall ensure that the flag State takes account of Finland's restrictions on the operation of human life, natural resources and coastal operations before The granting of a high-speed service to a high-speed craft under the High Speed Code.

Article 17h (25.1.2002)
Obstruction of the transaction

Save as otherwise provided for in paragraph 2, the Authority shall take a decision to prevent the regular operation of a ro-ro passenger ship or a high-speed passenger craft in a port or port of Finland in the following cases:

(1) the checks referred to in Articles 17b and 17c fail to ensure that the ship complies with the requirements referred to in those provisions;

(2) the checks referred to in Articles 17d and 17f reveal deficiencies which pose a direct threat to the human spirit, to the ship, to its crew or to passengers;

(3) Regulation on reporting obligations relating to ship transport of dangerous or polluting goods (189/1994) , where applicable, of the vessel's occupation, the competence of the crew and the keeping (186/1997) Compliance with Council Regulation (EC) No 3051/95 on the safety management of ro-ro passenger ships, as amended by Commission Regulation (EC) No 179/98, as a non-compliance with immediate risk Human life, ship, its crew or passengers; or

(4) the Administration of the flag State of a foreign vessel has not consulted the Authority on the matters referred to in Article 17g (2) and (3).

If a ro-ro passenger ship or a high-speed passenger craft is already operating on a regular basis in the port or port of Finland and during the inspections referred to in paragraph 1, any deficiencies referred to in paragraph 1 which do not pose an immediate risk shall be identified The human spirit, the ship, its crew or passengers, the Authority shall require the ship-master to take the necessary measures to correct them promptly or within a specified reasonable time. After the measures taken, the Authority shall verify that they have been fully carried out in a satisfactory manner. If not, the Authority shall adopt a decision to prevent the operation of the vessel from or from the port of Finland.

The Authority shall inform the ship manager in writing of the decision to prevent the operation of the vessel and the reasons for the decision.

Article 17i (25.1.2002)
Planning for emergency situations

The Authority shall ensure that the ship-master of the ro-ro passenger ship or the high-speed passenger ship maintains and implements a single alert system in the event of emergency situations on board ships.

Article 17j (25.1.2002)
Specifications for ensuring the safety of ro-ro passenger ships and high-speed passenger craft

The decree of the Council of State provides for the provisions of this Chapter:

(1) the reporting obligations of the Supervisory Authority referred to in this Chapter;

(2) the procedures and checks to be followed by the participants in the inspections;

(3) the inspection report and its notification;

(4) notifications from the European Community to the Commission and third countries under the control directive;

5) preparation for emergency situations;

6) on voyage data recorders and exemptions.

Chapter 5 (19,1997/1251)

Corrigendum and appeal

ARTICLE 18 (17/04/877)
Appeals appeal

The decision of the Authority under this law may require an adjustment from the Transport Safety Agency as in the administrative law (2003) Provides. The request for adjustment of the detention order referred to in Articles 14 and 14 (b) of this Act and the order of refusal of access to the port referred to in Article 14 c-14h shall be addressed without delay.

The decision taken under this law and the decision on the request for review may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides.

Decision of the Administrative Court on the detention of the vessel, restrictions on the use of the ship and its equipment, equipment, function or arrangement, refusal of access order and suspension of the operation of the ship's ship To appeal against the decision as laid down in the Administrative Loan Act. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.

The statement of appeal shall be submitted to the supervisory authority which issued the amending decision, which shall forward the file and its opinion to the Authority without delay. The appeal must be addressed without delay.

§ 19 (17.12.2010/11)
Effect of adjustment and appeal on appeal

The requirement of an adjustment or a complaint shall not prevent the lodging of a correction by the complainant or the appeal authority:

(1) the detention of the vessel referred to in Articles 14 and 14b, the limitation of its use and the implementation of the decision prohibiting the use of its equipment, equipment, function or arrangement;

(2) the implementation of a decision refusing access to a port of a ship referred to in Article 14 c-14h; or

(3) the implementation of the decision to prevent the operation of the ro-ro passenger ship or high-speed passenger craft referred to in Article 17h.

If the objection concerns a decision on detention or refusal of access pursuant to the PSC Directive, the Authority shall correct the information in the inspection database no later than 24 hours after the decision abrogating the decision.

Chapter 6

Outstanding provisions

§ 20 (17/04/877)
Reporting of infringements and anonymity of the notifier

The notification of an infringement of a provision on ship security or an order, where possible, shall be made in writing to the Authority. An oral declaration may only be made if a written declaration is not possible due to the urgency of the matter or any other reason.

The identity of the notifier referred to in paragraph 1 shall not be disclosed to the master, owner or master of the vessel. If an inspection is carried out on the basis of the notification, the inspector shall not inform the inspector that the inspection will be carried out on the basis of the notification. The inspector shall conduct all interviews with the crew in confidence.

The Authority shall inform the Administration of the flag State and, where appropriate, the Finnish Labour Inspection Authority of a notification that is clearly not unjustified and of the measures taken accordingly. The Agency shall, where appropriate, inform the International Labour Organisation of such notification. Where the Authority considers the notification to be manifestly unfounded, it shall inform the notifier of that reasoning.

The Authority shall immediately inform the Administration of the flag State of the notification of infringements of the provisions or provisions relating to the shipboard living and working conditions, which is not in accordance with the international provisions binding on Finland. Have not been able to handle the ship and request a plan for compensatory measures. The Authority shall submit an inspection report on such notification and the reply of the flag State to the International Labour Organisation and to the national maritime labour market organisations.

In accordance with Article 9, the authority or port operator referred to in Article 9 shall inform the Authority in writing of any provision or provision of a provision relating to ship security which has become aware of the existence of such normal duties. An infringement which could jeopardise the safety of the ship or cause unacceptable harm to the marine environment. Information shall be transmitted electronically as far as possible. The information may be provided orally if, due to the urgency of the matter or other reasons, the written submission of information is not possible. The notification shall include the following information:

1) the name of the vessel;

(2) the IMO vessel identification number;

3) radio call sign;

(4) flag State;

(5) the previous port of call;

6) the port of destination;

7) a description of the infringements recorded on board.

ARTICLE 21 (21/05/1999)
Disclosure of confidential information

Law on public authorities' activities (18/09/1999) Notwithstanding the obligation of professional secrecy laid down in this Act, the information obtained in respect of the financial position, business or professional secrecy of the Community, or of any health status referred to in Article 20 or The identity of the notifier is made available to the public prosecutor and police officer to investigate the offence.

§ 21a (24.6.2004)
Reimbursing costs

Where checks referred to in Articles 10, 11, 11b and 11c reveal any deficiencies justifying the detention of the ship, the ship owner, the ship-master or his representative shall reimburse all costs related to inspections. (17.12.2010/11)

If, in accordance with Article 14 (2), the ship is stopped due to a lack of documentation or lack of documentation, the vessel owner or vessel owner shall bear all the costs incurred by the Authority for stopping the vessel.

The owner or ship of the vessel shall, in accordance with Article 14c (2), Article 14d (2), Article 14d (2) (4) and Article 14g (2), replace those referred to in Article 14g (2), Costs incurred. (17.12.2010/11)

The suspension shall not be withdrawn until such time as the costs have been fully paid or secured by a sufficient guarantee.

§ 22
Compensation for damages

The damage caused by an error or an omission by the Authority in the performance of its duties under this Act shall be replaced by the compensation provided for in (412/74) Provides.

The Court of Justice (the Law of the Sea), in accordance with paragraph (1), has the Helsinki District Court.

ARTICLE 23 (24.6.2004)
Specifications and provisions

The decree of the Council of State may provide for the implementation of the PSCDirective:

(1) the number of vessels to be inspected and the vessels to be inspected;

(2) mandatory inspections of certain vessels;

(3) the inspection of documents and the proper identification of vessels;

(4) taking into account the relevant provisions of Directive 2001 /25/EC of the European Parliament and of the Council on the minimum level of training of seafarers, taking into account the relevant provisions of Directive 2001 /25/EC of the European Parliament and of the Council;

(5) detailed inspection and the expanded inspection of certain vessels;

(6) the audit report;

(7) the categories of vessels subject to the expanded inspection and the compulsory extended inspection of certain vessels;

(8) grounds for stopping the vessel;

(9) procedures for blocking access to the port of the vessel;

(10) monitoring of inspections and detention; and

(11) information and exchange of information between the Authority, the Commission of the European Community, the relevant authorities of the Member States of the Community and the Administration of the flag State.

§ 24
Entry into force

This Act shall enter into force at the time laid down by the Regulation.

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

THEY 344/94 , LiVM 26/94

Entry into force and application of amending acts:

21.8.1995/1022:

This Act shall enter into force at the time laid down by the Regulation. (L 1022/1995 came into force on 1 March 1996 in accordance with A 61/1996)

THEY 42/95 , LaVM 2/95

20.6.1996/461:

This Act shall enter into force on 1 July 1996.

THEY 68/96 , LiVM 5/96, EV 74/96, Council Regulation 95 /3051/EC; OJ L 320, 30.12.1995, p. 14

19.12.1997/1251:

This Act shall enter into force on 1 January 1998.

THEY 199/1997 , LiVM 11/1997, EV 179/1997

21 MAY 1999 643:

This Act shall enter into force on 1 December 1999.

30/1998 , Case 31/1998, EV 303/1998

25 JANUARY 2002 55:

This Act shall enter into force on 1 March 2002.

The inspections referred to in Articles 17b and 17d shall be carried out by 1 July 2002 at the latest on the Ro-ro-ro passenger ship or the high-speed passenger ship which, at the time of entry into force of this Act, operates on a regular basis in Finland's port or port.

For the flag State of a vessel flying the flag of a vessel referred to in paragraph 2 and of a similar vessel flying the flag of a Member State of a Member State of the European Community, the checks referred to in Article 17c shall be carried out by 1 July 2002.

Article 17b (1) (4) shall apply subject to earlier dates from 1 February 2003, subject to the solas Convention.

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

THEY 205/2001 , LiVM 13/2001, EV 198/2001 Council Directive 1999 /35/EC (31999L0035); OJ L 138, 1.6.1999, p. 1

24.6.2004/543:

This Act shall enter into force on 1 August 2004.

THEY 99/2004 , LiVM 17/2004, EV 89/2004, European Parliament and Council Directive 2001 /106/EC (32001L0106); OJ L 19, 22.1.2002, p. Directive 2002 /84/EC of the European Parliament and of the Council (32002L084); OJ L 324, 29.11.2002, p. 53

11.4.2008/216:

This Act shall enter into force on 1 May 2008.

THEY 162/2007 , LiVM 4/2008 EV 16/2008

22.12.2009/12:

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

29.12.2009/16:

This Act shall enter into force on 1 January 2010.

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

THEY 248/2009 , LiVM 33/2009, EV 249/2009

17.12.2010/1138:

This Act shall enter into force on 1 January 2011.

However, Article 2 (5) (i) shall enter into force at the time of the Council Regulation.

Article 2 (5) (i) shall enter into force on 20 August 2013 150/2013 In accordance with

THEY 196/2010 , LiVM 16/2010, EV 197/2010

13.5.2011/476:

This Act shall enter into force on 17 May 2011.

THEY 286/2010 , LaVM 34/2010, EV 311/2010

29.12.2011/1504:

This Act shall enter into force on 1 January 2012.

HE 83/201, LiVM 10/2011, EV 60/2011

12.4.2013/265:

This Act shall enter into force on 1 May 2013.

This law shall apply two months after the entry into force of this Act for ships which do not have an existing insurance or a valid guarantee within the meaning of Section 2 of Chapter 7 of the Maritime Law at the date of entry into force of this Act.

THEY 205/2012 , LiVM 4/2013, EV 26/2013

7.11.2014/877

This Act shall enter into force on 21 November 2014.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 99/2014 , LiVM 11/2014, EV 114/2014, Directive 2013 /38/EU of the European Parliament and of the Council (32013L0038); OJ L 218, 14.8.2013, p.1