Amendments To The Maritime Administration And The Maritime Safety Act

Original Language Title: Grozījumi Jūrlietu pārvaldes un jūras drošības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/232646

The Saeima has adopted and the President promulgated the following laws: the amendments to the maritime administration and the Maritime Safety Act do maritime administration and the Maritime Safety Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 23; 2003; 2004, nr. 23, no. 23; 2005; 2006, no 24, no. 14; 2007, 12 no, 3, 15; 2008. no; 2009, no 2; Latvian journal, 2009, nr. 178.; 2010, no. 101) the following amendments: 1. Replace the words "throughout the Act: International Maritime Organisation" (the fold) with the words "International Maritime Organization" (fold);
the words "the International Labour Organisation" (the fold) with the words "the International Labour Organisation" (the fold);
the words "the International Hydrographic Organisation" (the fold) with the words "the International Hydrographic Organisation" (the fold).
2. Express article 1 by the following: "article 1. The purpose of the law the purpose of the law is to define the Government institutional system in Maritime Affairs and to ensure maritime safety and protection of Latvia adopted a binding international treaty requirements and the implementation of and compliance with the standards, to ensure maritime safety, vessel, port and port facility protection, prevent environmental pollution from ships and maritime transport more effective. "
3. Put the second part of article 2 in the following wording: "(2) of the Act do not apply to national armed forces ships and their staff, if otherwise provided by law, as well as other warships and their personnel."
4. Supplement article 4 second subparagraph, after the words "Marine Corps" with the word "fleet".
5. in article 5, paragraph 2: turn off the word "regulatory";
Add to article 3.1 paragraph by the following: "31) not less than once every seven years, provide the International Maritime Organization, the progress of the audit in Latvia, for the International Maritime Organization has agreed to provide, as well as the results of the audit of the information generally available publication;";
make paragraph 6 by the following: ' 6) in the cases provided for in this law shall determine the procedure for the use of the waters of Latvia; ";
turn 8 and 12;
express the following paragraph 12.1: "121) approved seafarers ' professional competence assessor list and the port Commission of evaluation;"
turn off 12.2 points.
6. To make article 6 the first subparagraph by the following: "(1) the maritime administration of Latvia: 1) vessels and ship mortgage registration and issuing related documents;
2) maintains register database;
3) monitors the vessel register compliance with safety and environmental protection requirements, including: (a)), (b) ship inspection) be issued certificates, c) confirms the ship's construction and modernization projects, documentation on the vessel's stability, action plan for pollution in the event of an emergency, the Board Manual and other documentation of the ship, d) monitors the international safety management code (ISM Code) relating to the register of ships includes ships , e) issued by emission abatement technologies pilot permission to register vessels included;
4) carried out in the register tonnage of ships and the issue of measuring the tonnage of the supporting documents;
5) monitor the classification society (recognized);
6) issue the certificate of conformity (certificate) merchants, ship safety equipment;
7) issue the certificate of conformity (certificate) business operators carrying out ship building, design, upgrades or repairs;
8) port State control;
9) monitors bulk carriers safe loading requirements for vessels and terminals, as well as bulk cargo terminal conformity checks;
10) control the dangerous and polluting goods movement in ports and coastal interaction;
11) controls how the waters of Latvia to comply with the order in which messages are to be provided on hazardous and polluting cargoes;
12) controls how the waters of Latvia to comply with the order in which messages are to be provided for passengers on the ship;
13) in collaboration with the coast guard to coordinate vessel traffic monitoring and information system development of data exchange and use;
14) monitor the lighthouse, buoys, and other AIDS to navigation systems for the creation and operation of Latvian waters;
15) controls and take depth measurements, as well as the hidrogrāfisko measurements and studies in Latvian waters;
16) organizes the navigation for the preparation, publication, printing and distribution;
17) publishes and distributes navigation alerts and notifications, as well as maritime security information analysis and notification the National Coordinator;
18) from the viewpoint of maritime safety to coordinate freight operations from ship to ship in the waters of Latvia;
19) from the point of view of maritime security under the waters submerged items prominence;
20) from the point of view of maritime security under the port structures and waterworks road projects and participates in the project making the work of the Commission;
21) from maritime safety and ship, port and port facility protection point of view port rules and under the supervision of compliance with them;
22) coordinates and in cooperation with other competent authorities of vessels, the shipping company, port and port facility security requirements and monitoring;
23) certifies the protection of recognised organisations and monitors their activity;
24) approved by the Board, the shipping company, port and port facility security personnel training in compliance with the vessel, the shipping company, port and port facility protection requirements;
25) vocational training of seafarers, and the course of compliance with international law and to monitor the implementation of these programmes;
26) organised by the seafarers ' qualifications and vocational qualifications issued documents on ships;
27) issued certificates to pilots, as well as monitor the pilot training and proficiency testing;
28) issue certificates for ship traffic control (VTS) operators, as well as to monitor vessel traffic control (VTS) operator training and qualification examination;
29 certification of seafarers) database;
30) presented the issue, Exchange, suspend, revoke, invalidate the sailors ' notebook and records;
31) assesses the compliance of professional qualifications of seafarers, if you received a message that in Latvia the certified professional seaman fails to fulfil obligations;

32) issued by the vocational training instructor seafarers and seafarers evaluators of professional qualifications certificates certifying their compliance with the requirements of the 1978 International Convention on standards of training, certification and Watchkeeping for seafarers and its amendments;
the special permit shall be issued in 33) (license) the economic operators that provide job placement services for ship's crew manning and watch this merchant compliance with the 1978 International Convention on standards of training, certification and Watchkeeping for seafarers and its amendments, and the International Labour Organization conventions;
34) recognizes doctors who are entitled to give an opinion on the conformity of the health status of the work on the ship under the 1978 International Convention on standards of training, certification and Watchkeeping for seafarers and the requirements of the amendments (hereinafter referred to as the seamen's doctor);
35) participates in the International Maritime Organisation, the Helsinki Commission, the International Hydrographic Organization, the International Labour Organization and other international organizations;
36) prepare proposals for the drafting of the laws. "
7. Replace article 7 of the first paragraph of point 2, the words "the Cabinet approved the national preparedness plan for oil pollution incidents at sea" with the words "the Cabinet approved the national preparedness plan for oil, dangerous or noxious substances pollution incidents at sea".
8. Make the first part of article 8 paragraph 5 by the following: "5) coordinates the national preparedness plan for oil, dangerous or noxious substances pollution incidents at sea;".
9. Express 8.1 article as follows: "article 8.1. Transport accident and incident investigation Bureau jurisdiction (1) the Transport of accident and incident investigation Bureau carries out maritime accident and marine incident investigation of maritime safety.
(2) referred to in the first subparagraph the Transport accident and incident investigation, the Office's activities are financed by the Latvian maritime administration which, in accordance with Cabinet pricing laid down in the public administration within the framework of the tasks of paid services, and other own revenues. Latvian maritime administration on the first working day of each month, even in a Transport accident and incident investigation Bureau in the Treasury accounts of one twelfth of the funding that a marine accident investigation for the Cabinet approved the budget for the current year. "
10. Express article 17, the first paragraph by the following: "(1) the flag State of the vessel and the port State monitoring shall be carried out by the Latvian maritime administration inspectors."
11. Article 18: make the first part as follows: "(1) a Classification Society (recognized organizations) are commercial, technical supervision of the ship in accordance with the Latvian maritime administration of the concluded contract of mandate. Latvian maritime administration authorization contracts are concluded only with the European Union recognised classification society in accordance with national regulations, the classification society (recognized) the monitoring procedures. Classification society (recognized) the list shall be published in the Latvian maritime administration Web site (URwww.lja.lv). ";
make the first sentence of the third paragraph the following wording: "the recognised security organisation is defined in the SOLAS chapter XI-2 of the Convention."
12. Express article 19 second paragraph as follows: "(2) the ISM Code set out in the document of compliance, the shipping company that manages the ship, and the safety management certificate issued by the Latvian vessel Latvian maritime administration or the authorised classification society (recognized) at the shipping company and the ship's audit."
13. Express article 24, second subparagraph by the following: "(2) by the Assembly crew, comply with the requirements which are not lower than the requirements laid down in the certificate of minimum crew composition. This certificate is issued by the Latvian ships maritime administration of Latvia. "
14. in article 26: to express the fourth subparagraph by the following: "(4) recreational vessel driver training, certification, and registration procedures shall be determined by the Cabinet of Ministers."
turn off the fifth, sixth and seventh.
15. Express article 27, the first paragraph by the following: "(1) Seaman's book is a seaman's identification and travel documents according to the requirements of the International Labour Organisation Convention of 1958 on the national identity card."
16. Add to article 29 of the fourth subparagraph by the following: "(4) the cabinet shall determine the Mariner physicians recognition criteria and procedures as well as seafarers ' doctor. '
17. Make article 41 the following: "article 41. Vessel traffic management system (1) to promote maritime safety, human life and the protection of the marine environment, as well as the efficiency of vessel traffic in the port of port access and proper, port authorities, establish and maintain a vessel traffic management system in accordance with chapter V of the SOLAS Convention provisions 12.
(2) vessel traffic management systems and procedures for the use of the port regulations and tariff information navigation in "notices to Mariners".
(3) a vessel traffic management system area vessels comply with: 1) the ports concerned provisions in the shipping and reporting arrangements;
2) vessel traffic management operator recommendations. "
18. To make chapter V by the following: "chapter V. Marine casualties and incidents of the Sea article 49. Marine and maritime incident concept marine and marine incident is defined in the code of the International Maritime Organization on international standards and recommended practices in the marine and marine incident investigation of maritime safety (accident investigation code).
50. article. Maritime accident and marine incident investigation aspects of maritime safety (1) maritime accident and marine incident investigation aspects of maritime safety is defined in the code of the International Maritime Organization on international standards and recommended practices in the marine and marine incident investigation of maritime safety (accident investigation code). Such an investigation is not related to the marine accident or incident in the sea of parties to blame or responsibility.

(2) the order in which the marine accidents and incidents in the marine investigation aspect of maritime safety in the Cabinet of Ministers.
Article 50.1. Reporting on marine and maritime incidents (1) the master, the owner or his authorized person, any institution, as well as any other natural or legal person who learned about the accident or the marine incident, immediately report it to the coast guard. The coast guard received information shall immediately notify the Transport accident and incident investigation Bureau, the Latvian maritime administration, the national police, as well as, if possible, the pollution of the environment, national environmental services, but, if possible, environmental pollution, seashore, national fire and rescue service.
(2) If a marine casualty or incident, the sea involving a Latvian ship happened in another country's territorial sea or internal waters, the ship's captain, the owner or his authorized person in addition to the first part of this article the requirements shall forthwith notify the coastal State competent authority.
(3) Transport of accident and incident investigation Bureau of any marine casualty and marine incident, involving a Latvian ship or who happened to Latvian territorial or internal waters, shall immediately notify the other substantially interested States to the competent authorities.
(4) the report on marine accidents or marine incident indicates such information as is reasonably available at the time of reporting: 1) vessel name and flag State;
2) IMO number;
3) accident or incident type;
4) accident or incident;
5) accident or incident date and time;
6) badly wounded or killed a number of people;
7) accident or incident relating to individual persons, property and the environment; 8) data on other accident or incident involves ships. "
19. Replace article 53 in the first paragraph, the word "national" with the word "national".
20. Supplement article 57 with the sixth and seventh paragraph as follows: "(6) a production of sea navigation maps and acquiring hydrographic data, preparing the navigation publications, regulations and other documents that relate to the Latvian port waters, territorial waters and exclusive economic zone waters, geospatial information indicates the 1984 world geodetic coordinate system in WGS84 (World Geodetic System 1984), using the geodetic coordinates (elliptical).
(7) the hydrographic depth measurements, that is, the sea surface height in metres above the sea floor, in Latvian waters equates to the average years of sea level, which is linked to the Baltic 1977 normal height system. "
21. transitional provisions: Express 22 as follows: "Cabinet of Ministers to 22, 2012 1 March does this law, article 26, fourth paragraph of those provisions. To this provision to the date of entry into force: 1) apply to the Cabinet on July 7, 2009. the Regulation No. 753 "rules on recreational craft Manager certification", to the extent they are not inconsistent with this Act;
2) sailing yacht managers, trained and certified in the laws on the recognition of sports federations recognised by the order of sailing Sports Federation;
3) motor yachts, boats and motor boats (if it has a length from 2.5 to 24 metres) drivers for shipping outside the Latvian waters trained law duly licensed training center. After completion of training the rest of vessels, the international driving licence which entitles him to drive a recreational vessels in the waters of Latvia and outside them, shall issue regulations on recognition of sports federations recognised by the order of sailing Sports Federation. "
transitional provisions be supplemented by 23, 24 and 25 as follows: "23. Condition of this law, article 5, paragraph 8, and the exclusion of article 18, first paragraph, the new version shall enter into force on 15 July 2011.
24. The Cabinet of Ministers until March 1, 2012 does article 29 of this law in the fourth paragraph, those provisions.
25. The Cabinet of Ministers to 15 July 2011 does article 50 of this law referred to in the second subparagraph. Until the entry into force of the provisions applicable to the Cabinet of 22 December 2009 Regulation No 1612 of the "marine accident investigation procedure ', in so far as they do not conflict with this Act."
22. Add to the informative reference to directives of the European Union with 4, 5 and 6 of this paragraph: "4) of the European Parliament and of the Council of 23 April 2009. directive 2009/15/EC on common rules and standards for ship inspection and survey organisations and relevant activities of maritime administrations;
5) of the European Parliament and of the Council of 23 April 2009. directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending directives 1999/35/EC of the European Parliament and Council Directive 2002/59/EC;
6) the European Parliament and of the Council of 23 April 2009/21/EC the directive on compliance with flag State requirements. "
The law shall enter into force on the day following its promulgation.
The law adopted in Parliament 16 June 2011.
President Valdis Zatlers in Riga V 2011 July 6.