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The Amendments To The Code Of The Sea

Original Language Title: Grozījumi Jūras kodeksā

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The Saeima has adopted and the President promulgated the following laws: the amendments to the code of the sea do sea code (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2003, no. 14) the following amendments: 1. To supplement the code with article 1.1 as follows: "article 1.1. The ship is a ship, if otherwise in this code, is any vessel — engineering device that constructively intended for use on the water. 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. Express 4 and article 5 by the following: "article 4. Nationality conditions (1) the Board shall be regarded as vessels in Latvia if it is registered with the State joint stock company "Latvian maritime administration" (hereinafter referred to as the maritime administration of Latvia) Latvian shipping register (hereinafter register), or the national joint stock company "Road Safety Directorate" (hereinafter referred to as the road safety Directorate).
(2) the Latvian vessel nationality signs are: 1) the national flag of Latvia;
2) identification number;
3) call sign;
4) International Sailing Federation yacht of Latvia assigned national symbol ' LAT ';
5) national registration number.
(3) the ship is exempt from that referred to in the second subparagraph of article one of the signs or symptoms of use, if it is based on a technical reason or ship construction.
(4) article 5 of this code, referred to in the third subparagraph of the vessel is exempt from the second paragraph of this article referred to in paragraph 1, the use of the signs.
5. article. Conditions for registration of ships in Latvia (1), the international management code for the safe requirements subject to vessel recorded in the register, provided that it carries out the technical management of the vessel owner, Latvia or in article 13 of this code that the ship management contract back to perform in Latvia registered legal person (hereinafter operator of Latvia). To make these technical management of the vessel, the shipowner or ship operator in Latvia is certified according to the international management code for the safe.
(2) vessels which are not subject to the international management code for the safe requirements, with the exception of foreign ship owners for commercial vessels, registered in the register of ships without conditions on ship technical management. The following foreign shipowners ships in the technical administration of the ship management contract out operator in Latvia.
(3) the owner of a foreign vessel, which does not have its register of vessels, registered in the register, provided that the vessel's technical management on the ship management contract operator of Latvia made in accordance with the first paragraph of this article, if the foreign competent authority has delegated his functions to the flag State maritime administration of Latvia.
(4) the road traffic safety Directorate register of registered without conditions on the vessel's technical control. "
3. To make article 6 the first subparagraph by the following: "(1) each ship whose length exceeds 12 metres and registered in the register of Ships is the name chosen by its owner. Name must be clearly distinguishable from the rest of the vessels concerned is registered in the registry book of the vessels. Vessels belonging to the same owner, can have the same name of one ship registry book, if it is updated with a different number. Road Traffic Safety Directorate register the ships name is optional. "
4.8 article: make the second paragraph as follows: "(2) ships registered in Latvia: 1) register: (a) for commercial vessels) and fixed equipment, b) for the carriage of passengers, as well as training and research purposes, c) vessels fishing vessels and boats, when used for the fish and other living resources in the sea, d) public service (such functions as a border guard, environmental protection, prevention of accidents URu.tml.) vessels, recreational vessels and e) yachts;
2) road traffic safety Directorate register: a) vessels whose maximum length is less than 12metr, with the exception of vessels used for the purpose of commercial sea ports, b) and water sports and recreation for vessels (including water bikes) with a maximum length of less than 12 metres, excluding yachts. ";
turn off the fifth.
5. Make article 9 the second paragraph 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 "," b "and" d "referred to ships;
2 second, ships) on the basis of concluded bareboat līgumiemv ship management contracts;
3 the third ships) hassle;
4) fourth-construction ships;
5) in the fifth — recreational boats and yachts;
6) in the sixth — fishing vessels. "
6. Express article 10 and 11 by the following: ' article 10. Documents to be submitted (1) the maritime administration of Latvia submitted the documents for registration on the basis of the ship's register. The Cabinet of Ministers shall determine which documents are to be submitted for registration of vessel register, a document issued by the Latvian maritime administration, approves the form look determined the registration of gus levy and the procedure for its collection, as well as the Latvian maritime administration approved tariffs for its services related to the registration of vessels.
(2) issued by a foreign public documents legalized for Latvia to binding international agreements in accordance with the procedure laid down, and they are accompanied by a notarized translation into Latvian language. 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 five days from the date of dispatch of the copy.
(3) for ships registered in the register of ships, its technical condition and equipment relating to maritime safety, human life, health and the environment must comply with the binding rules of international law and of the normative acts of Latvia. Ship technical testing procedures and charges tariffs determined by the maritime administration and the maritime safety law.
(4) every ship referred to in article 8 of this code, the second subparagraph of paragraph 1, apply 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 State, or the bareboat contract or management of the ship date of signing of the contract.
11. article. 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 fleet register, based on the document that certifies the legal acquisition of the ship by the ship management contract, or to the document certifying the transfer of possession of the ship, the bareboat contract concluded.
(2) the register of registration of vessel owner of the vessel shall be issued a certificate of registration of the ship, as well as: 1) property and recorded in the register of property rights to the ship, only the owner of a ship registered in Latvia, which is a legal person, as well as a Latvian citizen, non-citizen or a foreigner who has been granted permanent residence in Latvia;
2 — the flag certificate only) that article 5 of the Code referred to in the third subparagraph of the owner;
3) other certificates in accordance with the provisions of this code.
(3) if the vessel does not comply with article 10 of this code, the third part, it shall not be registered in the register until such time as the Board does not eliminate compliance requirements, except for the ownership of the vessel to persons referred to in the second paragraph of this article, in point 1. In this case, the owner of the vessel in place of the registration certificate shall be issued a temporary certificate of registration for a period of up to six months. Temporary registration certificate does not give the right to operate the ship. The ship's registration certificate shall be issued when the Board corrected discrepancies.
(4) the decision on registration of the ship in the register of ships or the refusal to register the ship takes, as well as the ship's certificate (except the flag certificate), and other registration-related documents signed by the Registrar of ships. If necessary, a copy of the certificate of the vessel after the reconciliation with registrars approved by the consular officer of Latvia abroad. The flag certificate shall be issued or cancelled the foreign consular officer on the request of the Registrar of ships. "
7.12. Article: replace the first part of the word "application" with the word "submission";
to make the fourth subparagraph by the following: "(4) the Board Registrar shall withdraw all the ship's certificates, except for property licence, if: 1) are hidden in the ship-specific nationality;
2) finds that, with respect to a ship bound for Latvia are not respected the rules of international law and of the normative acts of Latvia or the vessel is actually lost the true link with the Latvian State. ";
Replace in the fifth subparagraph, the word "application" with the word "submission".
8. 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. Bareboat charterer may be Latvian operator or recreational vessels and yachts — also in Latvia registered natural person.
(2) Latvia can register vessels registered abroad under the bareboat contract, if the registration of vessel register for bareboat contract concluded. Registration of vessel register, on the basis of the contract gives the bareboat ship right to ride just beneath the flag of the Republic of Latvia.
(3) Ship Management agreement is the owner and operator of Latvia agreement on the management of the vessel, which shall as a minimum include the requirement for the technical management of the vessel (this includes the safe administration of international safe management code requirements) transfer to the Latvian vessel operator while the ship is registered in accordance with the Treaty, in the ship register.
(4) the register of Ships on bareboat contract and management contract for a foreign registered vessel applicable Latvian legislation of the flag State in compliance with the rules provided for the function. "
9. Turn off the article 14, introductory paragraph, the word "Charter".
10. Express article 15, first subparagraph, the first sentence by the following: ' article 11 of this code the second part 1. persons referred to in point owned the ship and the related rights, as well as the law changes and deletions are recorded in the register of ships. "
11. Article 16 be expressed by the following: ' article 16. Property rights on the Board (1) the owner of the ship shall be the person who registered on the register and has received a certificate of ownership.
(2) the basis for the acquisition of property rights on the Board are: 1) transfer agreement and notarial act drawn up in the order for the transfer of vessels, making the legislation. If the disposal agreement was entered into a foreign country, it has this code legalizējam article 10, second paragraph in the order;
2) a document certifying the right to ship the property of inheritance, on which you can get with the delay, the heir of the other things that also includes the legacy;
3) legitimate entry into force of the judgment of the Court of Justice, to which the beneficiary (a person who built ships) recognized property rights.
(3) the register of ships registered in the ownership of the vessels, the documents accompanying the application for property rights, those rights should be demonstrated.
(4) turning off the ship from the Ship Register, the first paragraph of this article, the owner shall submit to the maritime administration of Latvia notarial act drawn up in order of submission. This condition does not apply to vessels which belong to the same natural person. "
12. Replace article 17, first paragraph, the word "application" with the word "submission".
13. Replace article 23, first paragraph, the word "application" with the word "submission".
14. Replace article 24, first paragraph, the word "application" with the word "submission".
Article: 15.29 to replace in the first paragraph, the word "application" with the word "submission";
replace the second paragraph, the word "application" with the word "submission".
16. the express article 30, first paragraph, the first sentence as follows: "If the ownership of the vessel or part of a registered Ship, this ship or part of a claim may be used as collateral for the bonds of the ship design."
17. Article 35 be expressed as follows: "article 35. Liens (1) the lien shall mean any natural or legal person under civil law if the vessel is in the possession of the person concerned.
(2) the lien shall cease if you stop positions possession except when the lien off arrest. "
18. Article 44 of the expression by the following: ' article 44. The recognition of registered foreign burden (1) ships registered in the register, prior to a foreign registered encumbrances are recognized as valid if: 1) are recorded in the ship's burden off the vessel certificate or equivalent document issued by a previous ship register;
2) is submitted to the international treaties duly approved and legalized copies of the lien.
(2) the lien is registered in the register of ships, saving them a priority. If Lien does not comply with the requirements of the Latvian legislation on ship registration, Registrar of ships both parties down the 60 days period to design a hassle under this legislation. Lien registration is valid until the end of this period.
(3) the owner of a foreign-owned ships registered on the register of bareboat contract, previous, foreign registered lien on the basis of the documents provided by holdings is only recorded ship bareboat registration certificate.
(4) the ownership of the vessels built or to be built abroad, and the burden is recognised as valid if the right registered in accordance with the laws of the country where the ship is being constructed. The provisions of this article shall apply to ships built in foreign countries and then registered in the Ship Register. "
19.112. Article: put fourth by the following: "(4) the owner, charterer, operator of the vessel, the master of the vessel or other responsible legal or natural persons (hereinafter referred to as the principal) interest in accordance with its mandate to set port can be represented by the ship's agent. The ship's company carried out aģentēšan, which in the name of the principal and interest of the sort with the arrival and movement of the ship in port and at sea bound vessels leaving things, take care of the ship in port and other activities within the scope of the principal (referred to as the aģentēšan of the ship). A third party may require that the vessels in the aģentējoš company performs a function that is not provided by the principal agent in this authorisation. ";
to supplement the article with a fifth by the following: "(5) the order in which commercial vessels in the ports of Latvia aģentēšan, the rights and obligations of the principal, the agent for the rights, duties and responsibilities of the (foreclosure), and the payment procedure and other requirements for vessel aģentēšan contracts, as well as the professional criteria and requirements for commercial companies, so that they may carry out the ship aģentēšan in Latvia, down by the Cabinet of Ministers. The Cabinet also determines the order in which the Latvian ship brokers and agents National Association carries out individual certification of the ship agent — the respective activities of Latvian ports. "
20. Make 272. article as follows: "Article 272. The ship's captain and crew on the master and the crew member shall be eligible to any relevant International Maritime Organisation the 1978 International Convention on standards of training, certification and Watchkeeping for seafarers and Watchkeeping (with subsequent amendments) for the certified natural person. "
Article: 21.291 replace fifth paragraph, the number "72" with the number "77";
express the sixth part as follows: "(6) the members of the crew work and rest time tracking on board vessels the master or his authorised person. The master or his authorised person each month inform the crew members about their work and leisure time. Working and rest time tracking control of the Latvian maritime administration. If the records or other evidence shows that the provisions of the rules governing hours of work or rest, the Latvian maritime administration measures, including minimum crew composition review so as to avoid future infringements. ";
to supplement the article with the seventh and eighth by the following: "(7) the employer shall ensure that work and rest schedule is periodically revised and approved to monitor its compliance with the working and rest time act regulatory requirements of the regulations.
(8) musters, fire-fighting and rescue training in the use of training and other training organisation so as to reduce to a minimum rest period of disturbance. "
22. Article 293 of the expression as follows: "article 293. Documents on board the employer shall ensure that seafarers on board the available space in the collective agreement, working time and rest time (at sea and in port) and Latvia the timetable, regulations governing the employment of seafarers. Working and rest time schedule is in the language or languages whose use or work on a ship, as well as the English language. "
23. Make 323. article as follows: "article 323. Fixed facilities drilling and similar transportable structures, intended for research, underwater natural resources extraction, storage, transport or similar activities, are considered fixed installations. The owner registers the following design register, in accordance with the provisions of this code. "
24. the express name and article 324. the introductory part of the first subparagraph by the following: ' article 324. The application of the provisions of the code fixed installations (1) strengthen the operation of the equipment considered shipping operations in accordance with this code, II, III, IV, V, VI, VII, VIII, IX, XI, XII, XIII, XIV, XV, XXVII, XXVIII, XXIX and the provisions of chapter XXXII, with the following exceptions: ".
25. The transitional provisions: off 3 point 5.

transitional provisions be supplemented with 6, 7 and 8 of the following: "6. The Cabinet of Ministers no later than May 1, 2006 issue of this code to the article 10, first paragraph, the rules laid down. To the Cabinet of Ministers regulations for entry into force, but not longer than until 1 May 2006 are applicable to the Cabinet of Ministers of 16 December 2003, the Regulation No 729 "rules on the registration of the ship register of Latvia", in so far as they are not inconsistent with this code of conduct.
7. the certificate issued to the article 10 of this code in the first part of the Cabinet of Ministers Regulations provided for the entry into force, is in force until 31 December 2006 or until expiry of the licence issued to the expiry of the certificate issued, for a certain period of time.
8. The Cabinet of Ministers no later than 1 September 2006 issue 112 of this code to the article in the fifth subparagraph, the terms ".
26. To supplement the code with an informative reference to European Union directives as follows: "Informative reference to European Union directive in the code included provisions deriving from Council of 21 June 1999, Directive 1999/63/EC concerning the agreement on the organisation of working time of seafarers concluded by the European Community shipowners ' Association (ECSA) and the Federation of Transport workers ' unions in the European Union (FST)."
The law adopted by the Parliament in December 2005 on 22 December.
State v. President Vaira Vīķe-Freiberga in Riga in 2006 on January 3 editorial comment: the law shall enter into force on 17 January 2006.