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Amendments To The Maritime Administration And The Maritime Safety Act

Original Language Title: Grozījumi Jūrlietu pārvaldes un jūras drošības likumā

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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) the following amendments: 1. Supplement article 4 second subparagraph, after the words "national environmental services" with the words "Transport accident and incident investigation Bureau". 2. in article 5: replace paragraph 7, the word "education" with the word "preparation"; exclude paragraph 9, the words "on behalf of the owner of the ship". 3. in article 6: to supplement the first part with a 1.1 point as follows: "11) included in the register of vessels tonnage measurement of ships and the issue of supporting documents;" turn off the first part of paragraph 5, the words "investigates and analyzes marine accidents, as well as"; make the first part of paragraph 25 the following: "25) to the merchant who assembled the crew and equipment work of the persons on board vessels meet the requirements of the 1978 International Convention on standards of training, certification and Watchkeeping for seafarers and its amendments;" replace the second paragraph, first and second sentence with the following text: "Cabinet of Ministers issued the rules on the approval of the services price list, which the Latvian maritime administration gave the performance of the delegated tasks of public administration, as well as determining the persons who are exempted from the payment for the services provided."; to supplement the article with the fourth paragraph as follows: "(4) the first paragraph of this article for the implementation of the decisions taken by the Latvian maritime administration decision executable with their entry into force. This decision and the appeal shall not suspend the opposition. " 4. To supplement the law with article 8.1 as follows: "article 8.1. Transport accident and incident investigation Bureau's competence in Transport accident and incident investigation Bureau investigates and analyzes the maritime accidents. " 5. in article 11: adding to the first part of paragraph 7 with the words and the number "and its 1996 Protocol"; Supplement to the eighth article as follows: "(8) the cabinet shall determine any measures the capacity in tonnage, and issue identity documents." 6. in article 21: the first part off the third sentence; Add to article 1.1 part as follows: "(11) fill in a logbook shall be kept on board for two years, then it shall be deposited in the vessel's owner or the management company, which they kept for at least four years." 7. Article 24: Add to fifth after the first sentence with the following sentence: "this requirement does not apply to the owners of the ship equipment in the work of the parties on non-SOLAS vessels."; replace the fifth past the second sentence, the word "the" with the word "such"; turn off the fifth so far in the second sentence, the words "vessels on behalf of the owner of the equipment in the work of the persons on board vessels"; replace the sixth paragraph, the words "and the owner of the vessel" with the word "the" and the words "out" them — with the words "which are". 8. in article 26: replace the first part of the word "education" with the word "preparation"; adding to the fourth subparagraph, the first sentence after the words "recreation and sports for the" with the word "undersized"; turn off the fourth paragraph, the words "maritime administration of Latvia and"; adding to the fourth part of the second sentence, after the words "recreation and sports for the" with the word "undersized"; to supplement the article with the fifth and sixth the following: "(5) recreation and sports for sailing yachts and motor yachts for driver training and certification in accordance with article 5 of the law of sports, the third part of the Ministry of education and science of sports administration recognized sailing Sports Federation. The training programme referred to in the preparation of sailing Sports Federation shall be guided by the United Nations and the international sailing Sports Federation recommendations on recreational craft Manager certification. (6) the motor yachts of driver training and certification laws also established licensed training center dealing with the rest of the ship driver training. Setting the rest of vessels in the form of the certificate, training centres run by the United Nations Economic Commission recommendations. " 9. Supplement article 33 of sixth after the words "Coast Guard" with the words "Transport accident and incident investigation Bureau". 10. Article 50: supplement the first part of the second sentence, after the words "maritime administration" with the words "Transport accident and incident investigation Bureau"; replace the second paragraph, the words "maritime administration" with the words "Transport accident and incident investigation Bureau"; replace the third paragraph, first sentence, the words "maritime administration" with the words "Transport accident and incident investigation Bureau"; turn off the fifth. 11. Replace article 51 in the eighth paragraph, the words "the protection of the environment and Ministry of regional development" with the words "developed by the Cabinet of Ministers approved". 12. Supplement article 52 the first paragraph after the word "oil" with the word "hazardous". 13. Add to article 54 with the fifth, sixth, seventh, eighth and ninth subparagraph by the following: "(5) If non-compliance with regulatory laws of maritime requirements or any information leads to the suspicion that a ship which is voluntarily in the Latvian port or offshore terminal, is involved in or engaged in petroleum, dangerous or other harmful substances in Latvian waters, ports, used for international shipping in the Straits, the sea, under the 1982 UN Convention on the law of the sea, part III, Chapter 2 of the transit procedure laid down in in so far as such in the Strait are under the jurisdiction of a Member State and on the high seas, the coast guard, national environmental authorities or other competent authority provides appropriate checks carried out in accordance with the laws and regulations governing the conduct of such tests, taking into account relevant International Maritime Organisation guidelines. (6) where this article is referred to in the fifth test is revealed facts that could indicate an article 51 of this law in the third paragraph, the prohibition of the infringement, the national environmental service shall inform the Member State of the European Union (hereinafter referred to as Member States), the competent authorities and the authorities of the flag State. (7) If oil or other harmful hazardous substances occurs in Latvian territorial waters, exclusive economic zone or equivalent zone established in accordance with international law, international shipping and maritime straits used when the ship, which suspected the leak without calling at a port of a Member State, which has information about the possible leak, then, subject to the 1982 United Nations Convention on the law of the sea, part III, Chapter 2 of the transit procedure laid down in in so far as such in the Strait are under the jurisdiction of a Member State and on the high seas, subject to the following conditions: 1) if the next port of call of the ship is another Member State, the national environmental service, in cooperation with the competent authorities of the Member State concerned, carry out in the fifth subparagraph of this article the said inspections and decide on the appropriate measures in accordance with the laws and regulations in respect of such leakage; 2) if the next port of call of the ship is a port of a State which is not a Member State, the national environmental service shall take the necessary measures to ensure that the next port of call of the ship is informed about the suspected discharge and shall request the next competent authority of the port State to take appropriate measures, in accordance with the laws and regulations in respect of such leaks. (8) if the ship is in port, the ships of Latvia in Latvian territorial waters or international shipping sea straits used has been leaking, then, under the 1982 UN Convention on the law of the sea, part III, Chapter 2 of the transit regime, in so far as this Strait is the jurisdiction of a Member State, the coast guard, in cooperation with the State Environmental Department under laws initiated the infringement, if necessary, to hold the ship ascertained and guarantee from the owner of the vessel , agent or insurer on payment of the fine applied and environmental damages. (9) the national environmental service in the seventh and eighth in the cases referred to shall be informed immediately of the Latvian maritime administration and Transport accident and incident investigation Bureau. " 14. transitional provisions be supplemented by paragraph 13 and 14 by the following: ' 13. Cabinet until the 2007 December issue 1 article 51 of this law in the eighth part of these provisions. 14. Transport accident and incident investigation Bureau this law 8.1 functions referred to in article marketing launched with January 1, 2008. Until this law, the functions referred to in article 8.1 sales launched a Transport accident and incident investigation Bureau, its marketing provide the Latvian marine administration. " 15. Add to the informative reference to directives of the European Union with paragraph 3 by the following: "3) of the European Parliament and of the Council of 7 September 2005 of Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements."

The Parliament adopted the law of 10 May 2007. State v. President Vaira Vīķe-Freiberga in Riga, 30 May 2007 in