The Amendments To The Code Of The Sea

Original Language Title: Grozījumi Jūras kodeksā

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/13.1


The Saeima has adopted and the President promulgated the following laws: the amendments to the code of the sea do sea code (Latvian Saeima and the Cabinet of Ministers rapporteur, 2003, nr. 14; 2006, 2. No; 2007, 9. no; 2008, 13. no; Latvian journal 174. nr., 2010; 204. in 2011, no.) the following amendments: 1. Express 1.1 article as follows: "article 1.1. The ship is a ship, if this code is not otherwise specified, shipping is a feature — engineering device that constructively intended for shipping. The Board shall exercise the rights and obligations of the owner of the vessel, the master of the vessel, as well as operator, or charterer. " 2. in article 4: make the second paragraph as follows: "(2) the Latvian vessel nationality signs are: 1) the national flag of Latvia; 2) State registration number; 3) call sign; 4) International Sailing Federation yacht of Latvia assigned national symbol ' LAT ' and the Latvian marine administration, the assigned number or number combination; 5) of the port. " turn off the fourth. 3. Express 5, 6 and article 7 by the following: "article 5. Conditions for technical management of ships (1) Latvia registered entity (merchant, society, cooperative society, etc.), as well as Latvian citizens, non-citizen or a person who has received a residence permit in Latvia, a certificate of registration or certificate of residence, owned ships subject to the international code for the safe operation of ships and pollution prevention management code (ISM Code) requirements, recorded in a register, provided that its technical management is performed on the owner of the vessel or in article 13 of this code that the ship management contract holder instructs to perform in Latvia or in another European Legal person established in the Member States of the Union Party. (2) an alien ship that held subject to the requirements of the ISM Code, recorded in the register, provided that its technical leadership to this code in the vessels referred to in article 13 of the contract management conducted in Latvia registered legal entity. If the owner of the ship is registered in a Member State of the European Union or is a citizen of a Member State of the Union, the technical administration of the management contract can also be registered in a Member State of the European Union legal personality. (3) a Person who carries out the first and second subparagraph, technical management of vessels are certified according to the requirements of the ISM Code, and is certified by Latvian maritime administration maritime administration of Latvia or recognised organisations (classification societies). (4) a ship that is not subject to the requirements of the ISM Code, recorded in the register of Ships without conditions for its technical leadership. Road Traffic Safety Directorate register of registered without conditions for its technical leadership. 6. article. Name of the ship (1) every vessel registered in the ship register is the name chosen by its owner. The ship's name can consist of one or two words or a Word and number combinations, and must be clearly distinguishable from the rest of the vessels concerned is registered in the registry book of the vessels. The ship's name in spelling to use only Latvian or Latin letters, and it must not conflict with morality. Vessels belonging to the same owner, can have the same name of one ship registry book, if it is updated with a different number. The ship in the register of registered fishing boats and road traffic safety Directorate register of ships registered in a name is optional. (2) the owner of a ship shall have the right to ask to register vessels register of the vessels name change. If the vessel is secured creditors or other right registered holder, the name can be changed only with the vendor, or the consent of the right holder. (3) in concluding the purchase or construction of the ship, the ship's winner or Builder you can reserve a name by Latvian maritime administration the submission. The ship's name in the register at the request of the person concerned for a period of up to one year may be reserved for other cases. The word reserved register as the ship's name, have the same legal protection as a register already registered in the name of the ship. 7. article. Of the port before the ship registration register the owner chooses one of the ports of Latvia as of the port my ship. " 4. in article 8: make the first part of the second paragraph, the introductory part and paragraph 1 by the following: "(1) the registration is to protect the rights of ships and to ensure State control over compliance of safety requirements. (2) ships registered in Latvia: 1) register: (a) cargo ships, passenger) vessels sail vessels (ships carrying fewer than 12 passengers), special purposes ships (tugs, pilotage, icebreaking ships, rescue craft, learning and research vessels, cable layers, gruntssmēlēj, vessels, support vessels, floating cranes, etc.) and vessels which are intended for public service (State border protection, environmental protection, prevention of accidents, etc.), (b)) construction ships recreational vessels, c)-sailing yachts, whose maximum length is more than 2.5 metres, motor yachts, with a maximum length of 12 meters and more, as well as motor yachts, with a length of less than 12 metres in length, if it is used for commercial (for the carriage of passengers, etc.), d) fishing vessels and fishing boats that are used in commercial fishing in the territorial waters and economic zone waters; " express the sixth part as follows: "(6) the second paragraph of this article paragraph 1 referred to" a "ship shall be recorded, if at the time of registration, they are not older than 23 years. This limitation does not apply to vessels which are used only in short sea shipping, passenger vessels, which are used for flights between the Baltic Sea ports and vessels intended for public services functions. " 5. To supplement the code with article 8.1 as follows: "article 8.1. Floating (1) floating structure is engineering device that constructively intended for use on the water, but is not considered a ship within the meaning of this code. (2) floating (floating docks, floating workshops, floating gas stations, debarkader, cargo pontoons) recorded in the register, and to them the rules applicable to ships under Latvian legislation. (3) the registration of floating structures designed to perform a specific job on the water, but this is not referred to in the second subparagraph of article construction, optional. These floating structures if their displacement without cargo of more than 10 tonnes, based on the application of the holder, can be recorded in the register of ships if they completely located in the territory of Latvia. Following registration, the only goal is to protect the floating structures related rights. In the case of registration the following structures apply this code 9, 10 (with the exception of article 10, third paragraph, first sentence, these conditions), 11, 12, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 41, 43, 45, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 56.1, 57, referred to in article 56.2 and conditions. " 6. in article 9: put the second part as follows: "(2) the register is included in the register of ships of six books, which recorded: 1) this code first, article 8, paragraph 1, second subparagraph" a "ships referred to in paragraph 8.1 of the floating design referred to in article 29 and referred to in the second subparagraph of article fixed equipment; 2 second, ships) on the basis of concluded contracts bareboat; 3 the third ships) hassle; 4) fourth — in this code, article 8 paragraph 1, second subparagraph "b" ships referred to in article 29 and referred to in the first subparagraph for fixed installations; 5) in the fifth — 8 of this code. the second paragraph of article 1, point "c" referred to ships; 6) Sixth: in this code, article 8 of the second paragraph of point "d" referred to vessels. "; to make the fourth subparagraph by the following: "(4) everyone has the right to consult the records of the ship's registry book. Upon written application to anyone entitled to extract from the register of ships. The statement is accurate but with Latvian sea administration departments — register — officers (hereinafter referred to as the Registrar of ships) signed and stamped with the Latvian National coat of arms in a small picture and the inscription "Latvian shipping registry" in Latvian and English. "; turn off the fifth paragraph, the words "as well as" and to add after the word "share" with the words "as well as an extract from the register of the amount of information required". 7. Article 10: make the second paragraph as follows: "(2) the documents submitted in the case of the vessel concerned. If the registration is to be carried out urgently, you can use the fax or email copies of documents received from the applicant a letter of guarantee that the original will be filed immediately after receiving them, but not later than 10 days from the date of dispatch of the copy. " to make the fourth subparagraph by the following: "(4) every ship referred to in article 8 of this code, the second subparagraph of paragraph 1, and 8 referred to in the second subparagraph of article floating structures applying for registration in the register of ships a month from the day of conclusion of the contract for the disposal of the ship, or from the date on which the vessel is excluded from the register of ships of another country, or of a bareboat contract the date of closing, or from the date of the entry into force of the legal judgment of the Court of Justice, to which the acquirer of a recognized property rights, or from the date on which issued the document which certifies the right to acquire the property of the heir to the inheritance, or from the Builder to the date of issue of the certificate. " 8. Express article 11 by the following: ' article 11. The order in which the ship is registered in the register of ships and the issue of the certificate of the vessel (1) vessel registered in the register of ships on the basis of: 1) documents which are the basis for the acquisition of property rights to the ship; bareboat contract; 2) 3) State authorities issued a certificate attesting that the vessel is a national institution in the balance. (2) if the ship is in the public domain, it will be registered in the fleet register on behalf of the national institutions of the person. (3) a ship's registration in the register of ships to be issued to the owner of property the licence and registration certificate, as well as other certificates in accordance with the provisions of this code. 8.1 this code referred to in the third subparagraph the floating design and in the second paragraph of article 29 of that equipment and the owners secured only attestations issued property. (4) if the ship is registered in the register of Ships on bareboat contract, the registration certificate issued to the bareboat charterer but property certificate shall be issued. (5) where a ship does not comply with article 10 of this code, the third part, it shall not be registered in the register of ships, except vessels located in the Republic of Latvia and the European Union belong to the legal entity established in a Member State of the European Union, the citizen, not the citizen of Latvia or a person who has received a residence permit in Latvia, a certificate of registration or certificate of residence. In this case, the owner of a ship shall issue a certificate of registration of the ship when the ship is not eliminate compliance requirements. (6) the decision on registration of the ship register or the refusal to register the ship takes, as well as the certificate of the ship and other vessels and nationals with the right to the registration of documents relating to the signature of the Registrar of the Board. If necessary, a copy of the certificate of the vessel after the reconciliation with registrars approved by the consular officer of Latvia abroad. " 9. in article 12: make the second, third and fourth subparagraph by the following: "(2) the shipowner is bound documents that are based on the vessel's removal from the register, submit within six months from the date when the first joined parts 1, 2, 3 and 4 above. If the vessel is re-registered in a second register, then before it must be excluded from the register. The owner of the vessel is obliged to fulfill all obligations to the maritime administration of Latvia until the vessel is excluded from the register. Turning off the ship from the Ship Register, the owner of a ship shall issue a certificate of the ship from the ship register. (3) the Board Registrar shall withdraw all licences and vessels off the ship from the ship register if it is established that: 1) the ship is already registered in the register of ships of another country; 2) are hidden the nationality of the vessel; 3) with respect to a ship bound for Latvia are not respected the rules of international law and of the normative acts of Latvia. (4) a ship registered in the ship register, on the basis of the contract, to the exclusion of bareboat ship registry on the bareboat charterer submission basis. Ships can also turn to the application of the owner, if the bareboat contract has elapsed or the owner of such rights has for bareboat contract, or the contract is terminated, bareboat contract. The Board Registrar shall have the right to exclude from the register of vessels, registered in it, on the basis of the Treaty, also the bareboat if the application is received, but has elapsed bareboat contract deadline and on that basis issued certificate of registration expires. Turning off the ship from the Ship Register, the bareboat charterer or the owner of a ship shall issue a certificate of the ship from the ship register. "; turn off 4.1 and fifth. 10. Article 13 be expressed as follows: "article 13. Bareboat contract and management contract (1) the bareboat contract is the owner of the vessel and the bareboat charterer of the ship agreed transfer of the actual possession of the bareboat charterer to the time limit laid down in the Treaty, which is parallel to the ship registration in Latvia and abroad. To vessels registered in Latvia, based on the contract of bareboat bareboat charterer should be registered in Latvia, natural or legal person. (2) Latvia can register vessels registered abroad under the bareboat contract, if the registration of vessel register for bareboat contract concluded. Such time as the ship's nationality signs may only be used in article 4 of this code the second part features. (3) Ship Management agreement is the owner and operator of the agreement on the technical management of the vessel, which shall as a minimum include a provision for the technical management of the vessel (it includes a safe ship management according to the requirements of the ISM Code) transfer to the operator of the ship while the ship is registered in the register of Ships. (4) the register of Ships on bareboat contract for a foreign registered vessel applicable Latvian legislation on flag State implementation of supervision. " 11. Express article 15 the following: ' article 15. The ship and the related rights (1) the Board and the related rights, as well as the law changes and deletions are recorded in the register of ships. Ship related rights are property rights the ship, as well as the right to security and aprobežojum. (2) a register required to register property rights to ship mortgages, guarantees of these rights and prohibitions. If the ship is registered in the register on the basis of a contract with the bareboat ship rights (except the bareboat contract), as well as the law changes, deletions, guarantees, and aprobežojum prohibitions recorded in the national register of the basic registration. (3) the rights related to the ship as the case law has been established and binding on third parties only after registration these rights register. If the registration is made in the matter of urgency via fax or email copies of new rights are not tracked until the receipt of the original documents and their verification of conformity. " 12. in article 16: replace the second subparagraph of paragraph 3, the words "judgment of" with the words "court order"; Add to the second part of paragraph 4 and 5 by the following: "4) if built a new ship-builder's certificate (certificate), which contains the winners of the ship; 5) other public registry or equivalent authority the Board off the certificate holder is entitled to register property rights register. "; Add to article 3.1 part as follows: "(31) if the vessel is shared ownership property, ship's certificate indicates all those supposedly belonging to the co-owners and parts. Certificate of registration of the ship in one of the co-owners, who in accordance with the written agreement of all co-owners alone is entitled to represent the identity of the Latvian maritime administration. "; to make the fourth subparagraph by the following: "(4) if the owner or the registered legal address of the declared place of residence address is in the Republic of Latvia, the shipowner representative in Latvia then addressed the claim acceptance, and communication with the maritime administration of Latvia. This requirement does not apply to vessels that are registered on bareboat contract. "; to supplement the article with a fifth by the following: "(5) the cabinet shall determine in part four of this article the said vessel owner representatives, as well as a minimum, the scope of the powers and the sliding." 13. Express article 28 the following: ' article 28. Construction of the ship from the register or the register books (1) under construction in the ship register shall be excluded from the basis of the application of the acquirer or the constructor. To vessels registered as a construction vessel, re-registered in another register in the book, it must be ready for operation and comply with this code, the third part of article 10. (2) for the construction of a ship is registered, re-registered in another burden register book, you must submit a written consent of the rights holder for the renewal. After the construction of the ship is re-registered in another vessel register book, the registered lien maintain their priority. " 14. Article 29: supplement the first sentence of the first subparagraph and second subparagraph after the word "study" with the word "extraction"; turn off the first paragraph, first sentence, and second paragraph, the words "or for transport"; turn off the fourth part of the third sentence. 15. Article 30: replace the first and second paragraph, the words "vessel registry book" with the words "vessel register in the registration book of the burden"; Add to the second part of the sentence the following wording: "If a ship or part of a registered mortgage, property rights can be registered only with the consent of the secured creditor."; to supplement the article with the fourth paragraph as follows: "(4) the construction of the existing vessels may pledge constructor (if the vessel is built to the Builder's invoice), the client (if the ship It is built on a subscriber) or Builder and customer agreement. Builder and client jointly entered into a bond of the ship considered such agreements. " 16. Supplement article 46 following the words "regulations" with the words "and of a foreign court order recognized in Latvia". 17. the supplement 237. Article 7, 8 and 9 of the following paragraph: "7 international transport-transport) in accordance with the contract of carriage performed between ports in the territory of the Republic of Latvia and the port outside the territory of the Republic of Latvia; 8) passenger ship — a vessel, as defined in the law on the safety of passenger ships; 9) class A and class B ships — ships, as defined in the law on the safety of passenger ships. " 18. To supplement the article with 239 third subparagraph by the following: "(3) international transport and shipping, which are made with class A and class B ships, the European Parliament and of the Council of 23 April 2009. Regulation No. 392/2009 on the liability of carriers of passengers by sea in the event of accidents (hereinafter Regulation No 392/2009) rules." 19. To supplement the code with article 241.1 as follows: "article 241.1. Compulsory insurance (1) the carrier who actually performs the whole or a part of the carriage with the passenger ships of Latvia, international passenger transport or passenger transport with SMEs in Latvia class A or class B ships have an obligation to insure their mandatory responsibilities or receive other financial liability pursuant to Regulation No. 392/2009. Such insurance or other financial security of the responsibility of ship registration certificate is issued. Without this certificate, the vessel may not go under the Latvian flag. (2) the provisions of the first paragraph shall also apply to foreign passenger ships that enter the port of Latvia or leave. " 20. Make 244. the second subparagraph by the following: "(2) the carrier's liability for lost or damaged baggage, the passenger shall not exceed: 1) settlement 2250 units for losses associated with cabin baggage; 2 12 700 units of account) of the vehicle, including all the baggage that is in or on the vehicle; 3) settlement units on loss 3375 associated with baggage that is not mentioned in this part, paragraph 1 and 2. " 21. the express article 245 as follows: "article 245. Passenger's participation in the case of damage, the carrier and the passenger may agree on the carrier's liability reduction amounting to: 1) 330 units of account, if the damaged vehicle; 2) settlement units to 149 passengers each, if lost or damaged baggage, other amounts deducted from the remuneration for loss or damage. " 22. To supplement the code with Chapter XXVI1 by the following: "chapter XXVI1. The protection of passenger rights Article 251.1. The protection of passengers ' rights (1) the protection of passengers ' rights in respect of the implementation of the European Parliament and of the Council of 24 November 2010 Regulation No. 1177/2010 on the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (hereinafter Regulation No 1177/2010). (2) on the protection of the rights of passengers, the responsible authority Regulation No 1177/2010 the consumer rights protection centre. On board the technical compliance with the legislation of the Latvian maritime administration. (3) the carrier and port terminal supports Regulation No 1177/2010 carriers and port terminal requirements. Article 251.2. Passenger complaints and arbitration proceedings (1) the passenger complaint in Regulation No 1177/2010 deadline (two months) submitted directly to the carrier or port terminal (operator). Pursuant to Regulation No 1177/2010 or port terminal (operator) in the month following receipt of a complaint the applicant provided a response on the merits or inform the applicant of the appeal proceedings. The total period of inquiry may not exceed two months from the date of receipt of the complaint. (2) on the carrier's or port terminal (operator) or that the answer is not provided, the passenger has the right to lodge a complaint during the month the consumer protection centre, under consumer protection law to examine the complaint or forward them by jurisdiction. 251.3 article. Passengers with disabilities and passengers with reduced mobility rights protection special conditions (1) the carrier and port terminal shall take appropriate measures to ensure the Regulation No 1177/2010 specific assistance to passengers with disabilities and passengers with reduced mobility. (2) pursuant to Regulation No. 1177/2010 the designated carrier and port terminal provides relevant employees training. It is carried out by a person who has special knowledge of the needs of people with disabilities and people with reduced mobility. " 23. the transitional provisions be supplemented with 10, 11, 12, 13, 14, 15, 16 and 17 as follows: "10." sailing yacht, which nationality characteristic assigned to 21 January 2013, save that of nationality, and it does not give the number or combination of numbers according to this code, article 4, second subparagraph, point 4 of the condition. 11. the register of registered ship whose name registered until 21 January 2013, save your registered name. 12. The Cabinet of Ministers no later than July 31, 2013 to succeed in this code, the fifth subparagraph of article 9 the provisions referred to in the statement from the registry and the amount of information required in this code, in article 16, the provisions referred to in the fifth subparagraph. 13. Article 16 of this code the fourth part shall enter into force on 1 august 2013. 14. Up to the date of entry into force of the Athens Convention of 1974 on passengers and their luggage by sea, 2002.244. This code laid down in the second subparagraph of article on the liability of the carrier shall not exceed: 1) 833 units of account losses associated with cabin baggage; 2) settlement units on 3333 vehicle, including all the baggage that is in or on the vehicle; 3) settlement units for 1200 damage associated with such luggage other than that mentioned in points 1 and 2 above. 15. Until the date of entry into force of the Athens Convention of 1974 on passengers and their luggage by sea, 2002.245. This code article, the liability of the carrier in the following conversion: 1) 117 settlement units, if the damaged vehicle; 2 settlement units) 13 to each passenger, if lost or damaged baggage, other amounts deducted from the remuneration for loss or damage. 16. In respect of carriage of passengers by sea, which is made with the class A vessels, 239 in this code, the third part of the article and the article applicable to 241.1 December 31, 2016. 17. In respect of carriage of passengers by sea, which are made with class B ships in this code 239. the third part of the article and the article applicable to 241.1 December 31 2018. " The law shall enter into force on 21 January 2013. The Parliament adopted the law of 10 January 2013. The President a. Smith in Riga 2013 January 18.