The Rules Of Recognised Organisations For The Protection Of Shipping And Port Activities In The Field Of

Original Language Title: Noteikumi par atzītajām aizsardzības organizācijām kuģošanas un ostu darbības jomā

Read the untranslated law here: https://www.vestnesis.lv/ta/id/166674

Cabinet of Ministers Regulations No. 767 in Riga in 2007 (13 November. 64. § 6) the rules on the protection of recognised organisations, maritime and port activities Issued in accordance with the maritime administration and the Maritime Safety Act 18. the third paragraph of article i. General questions 1. determined the defence organisation (hereinafter referred to as the Organization) recognition, certification and performance monitoring procedures. 2. public joint stock company "Latvian maritime administration" features for recognition of organizations, certification and actions in the field of the monitoring carried out under those provisions of the national joint stock company "Latvian maritime administration ship and port Protection Inspectorate (hereinafter the protection of ships and port inspection). 3. in accordance with these provisions ship and port Protection Inspectorate supervises the following legislative requirements (hereinafter-protection requirements): 3.1. Of the European Parliament and of the Council of 31 March 2004, Regulation (EC) No 725/2004 on enhancing ship and port facility security (further-Council Regulation No 725/2004);
3.2. the 1974 International Convention for the safety of life at sea, together with subsequent amendments (henceforth-SOLAS Convention information)-XI Chapter 2;
3.3. International ship and port facility security code (ISPS Code);
3.4. the regulations relating to the vessel, port and port facility protection (for example, these rules, the maritime administration and the Maritime Security Act, the law on ports). 4. the meaning of these provisions: 4.1 ship-port interface-interaction as defined in SOLAS chapter XI-2 is rule 1 of 8;
4.2. ship-ship interaction-interaction as defined in SOLAS chapter XI-2 is rule 1, paragraph 10. II. recognition and certification Organisation 5. public joint stock company "Latvian maritime administration" recognises the organisation, giving it protection organisation recognised by the certificate of conformity (further-the certificate of conformity) (annex 1), one or more of the following activities: 5.1 monitoring functions under part B of the ISPS code in section 4.3;
5.2. the provision of services under part B of the ISPS code in section 4.4;
5.3. port protection supervisory functions in accordance with the laws and regulations on the protection of the port;
5.4. Advisory services in the field of the protection of the port in accordance with the laws and regulations on the protection of the port;
5.5. the vessel, the shipping company, port and port facility personnel training. 6. the certificate of conformity is a document that certifies the compliance of the economic operator, part B of the ISPS code and point 4.5 of those rules with the protection requirements, as well as good practices in accordance with the recommendations of the International Maritime Organisation's documents. Minimum requirements for recognised organisations for the protection of these rules laid down in annex 2. 7. Merchant who wants to receive the certificate of conformity shall provide for the protection of ships and port inspection application, specifying the actions that it wants to certify. 8. the application shall be accompanied by the following: 8.1. Business Register issued by the merchant copy of the registration certificate (showing original);
8.2. the documents certifying the conformity of this provision merchant in annex 2 of these requirements (for example, the operator's previous activity report, future business strategy, a list of employees and their formal qualifications, quality system documents). 9. following these rules 7 and 8 of the document referred to in paragraph 1 shall receive the protection of ships and port inspection shall assess the information specified therein and shall adopt one of the following decisions: 9.1 the conformity certificate for all activities referred to in the application;
9.2. for the issuance of the certificate of compliance referred to in the application for one or more of certain activities referred to in the application;
9.3. the refusal to issue a certificate of compliance. 10. If necessary, ship and port protection officer require the operator to provide supplementary information that confirms the compliance of this provision merchant in annex 2. In this case, the rule in paragraph 9 of that decision shall be suspended until additional information is received. 11. in order to assess the submitted information in the documents, ship and port Protection Inspectorate has the right to call in experts, ship ports and port facilities, as well as in the field of the protection of the maritime domain. 12. the protection of ships and port inspection shall adopt the provisions referred to in point 9.2. If, following the assessment of the documents presented, concludes that the certificate of conformity may be issued only to operators of the applications referred to in one or more of the individual application of the operations. 13. the protection of ships and port inspection shall take a decision on the refusal to issue a certificate of conformity, provided that: 13.1 the merchant documents submitted are incomplete (it contains does not draw conclusions about the adequacy of these provisions merchant 2. the requirements referred to in annex) and by submitting additional information this provision 10. in the case referred to in paragraph, the deficiencies are not remedied by economic operators;
13.2. the operator has provided false statements;
13.3. it is established that the operator does not comply with the provisions in annex 2. 14. Ship and port security inspection after its adoption of decisions may be challenged in the administrative process law, submitting the application state joint stock company "Latvian maritime administration". State joint stock company "Latvian maritime administration decision may appeal to the Court of Justice of the administrative procedure law. 15. If the ship and port security inspection shall adopt this rule 9.1 or 9.2. referred to in that decision, it shall draw up, together with the decision to issue the certificate of compliance too. 16. The certificate of conformity shall be issued for five years. 17. the period of validity of the certificate of compliance begins with this rule 9.1 or 9.2 below. referred to the date of the decision. 18. The information about the Organization and its mandate concluded contract of the State joint stock company "Latvian maritime administration publishes the newspaper" journal ". List of organisations in the public joint stock company "Latvian maritime administration" website on the internet, indicating the action for which the organization is certified, the period of validity of the certificate of compliance, as well as the mandate and powers of the expiration date, if the public joint stock company "Latvian maritime administration" and the Organization has been a mandate contract. 19. If, after submission of the application to the ship and port protection have changed in compliance with the inspection certificate, the merchant information within three working days after the change for them in writing to the ship and port protection. 20. If the validity of the certificate of compliance has changed the name of the merchant, or the merchant has its registered office within five working days after the change for them in writing to the ship and port protection. The application shall be accompanied by documents proving the changes. State joint stock company "Latvian maritime administration within 15 days after receiving the application, issue a new certificate of compliance. When you receive a new certificate of compliance, the operator passes the previously issued certificate of conformity, if it is at the disposal of the economic operator. 21. If a certificate of conformity for damaged, lost or stolen, the Merchant shall inform in writing the ship and port security. State joint stock company "Latvian maritime administration" within five working days of the issue of a duplicate of the certificate of compliance. 22. the Organization's compliance during the period of validity of the certificate shall ensure that the provisions referred to in annex 2 of the requirements in the activities of the organization. 23. the protection of ships and port inspection shall take a decision on the withdrawal of the certificate of conformity if the Organization finds these facts: 23.1. non-compliance with the rules referred to in annex 2;
23.2. the systematic organisation of protection plan prepared for non-compliance with the protection requirements (assessment of protection requirements for submission of non-compliant plan the frequency and the nature of the lack of conformity);
23.3. the Organization of knowledge and skills of employees in non-compliance with the requirements of the port, port facilities and ships;
23.4. audit do not according to protection requirements;
14.6. issued international ship security certificate or interim approval of compliance (international ship security certificate) for ships that do not meet the protection requirements;
14.7. protection training is carried out in accordance with the approved training program or the protection requirements;
14.7. information is not provided in accordance with these rules 19 and 20 of these requirements.
14.8. provide false information;
14.9. the Organization has ceased its operations;

23.10. is interfered with ship and port health Office to carry out audits of the Organization in accordance with the provisions of chapter III. 24. If the conformity certificate is revoked or expired, within five working days of receipt of the decision or the certificate of conformity to the end of the period of validity of the certificate of conformity shall be referred to the ship and port protection inspection. III. Organization of the supervision of ship and port 25 protection inspection at least every two years the organisation carried out audit. Ship and port Protection Inspectorate may also perform extraordinary audit if it is in possession of information that leads to the suspicion that the organization complies with these regulations in annex 2. 26. in order to carry out this provision referred to in paragraph 25, ship and port Protection Inspectorate has the right to request the Organization to provide all the necessary information in the request, stating the legal basis, the information required and the period within which the information must be given. 27. the protection of ships and port inspection shall have the right to interview any natural or legal person to obtain information about the audited organizations. 28. in order to carry out this provision audit referred to in paragraph 25, ship and port Protection Inspectorate has the right to carry out all necessary checks. During the inspection of vessels and port security officials of the Inspectorate have the right to: 28.1. access to all the Organization's premises, land and means of transport;
28.2. to check the documents of the Organization, associated with it, regardless of the type of storage of documents;
17.6. to get this rule 28.2. copy referred to;
28.4. to require any employee or representative of the Organization for explanations on facts or documents relating to the subject matter of the audit. 29. before the provisions referred to in paragraph 28 of the vessel and port security officials of the Inspectorate shall inform the head of the organization or his substitute on the subject matter and purpose of the inspection. 30. the protection of ships and port inspections may also be carried out ship checks to verify the Organization checks compliance with the protection requirements. 31. the protection of ships and port inspection officers this rules 27, 28 and 30 above the powers exercised, by the production of a service card. 32. by paragraph 25 of these rules in the completion of the audit referred to in the vessel and port security inspection within 30 days shall draw up a report on the audit. The report indicates the following: 32.1. audit objectives;
32.2. audit;
32.3. audit of the operator;
32.4. the audit period;
32.5. the information about the Organization (name, registration number, registered office, the date of issue of the certificate of conformity, number, expiry date and certified);
32.6. information on deficiencies identified in the audit activities of the Organization, and performed in the course of the audit adjustments;
32.7. the conclusions of the organisation to compliance with the rules referred to in annex 2;
20.4. conclusions on the activities of the Organization in compliance with the mandate laid down in the contract, if the mandate is concluded with the Organization;
32.9. conclusions for other reasons for which you can decide on the withdrawal of the certificate of conformity, provided that such conclusions are drawn;
32.10. proposals identified in the audit. 33. the protection of ships and port inspection officials who carried out the audit, the signature in accordance with the provisions of paragraph 32 of the report and send it to the organization. If, in accordance with the audit results is the basis to decide on the withdrawal of the certificate of compliance, along with a message to send to the organisation of the respective decision. IV. Closing questions 34. This provision is paragraph 9 of annex 2 shall enter into force on July 1, 2008. The obligation of the Organization in accordance with the provisions of annex 2, paragraph 8, is to ensure the preservation of State secrets and prevent the illegal proliferation (), also to the industrial security certificate. 35. This provision paragraph 21 of annex 2 shall enter into force by 1 January 2008. Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 26 October 2005 of Directive 2005/65/EC on port hardening. Prime Minister a. Halloween traffic Minister a. shlesers annex 1: Cabinet of Ministers of 13 November 2007 Regulation No 767 traffic Minister a. shlesers annex 2 of the Cabinet of Ministers of 13 November 2007 Regulation No 767 minimum requirements for recognised organisations of protection 1. Appropriate knowledge and experience in shipping, ports and port facilities.
2. Protection requirements appropriate knowledge of ship and port operations, including knowledge of ship design and construction if services are provided in the field of the protection of ships and of port model and construction if services are provided in the port or port facility protection.
3. an adequate knowledge of other important protection for operations with the potential to affect the ship, port and port facility protection.
4. ability to assess the possible risks of protection that might befall the ship, port and port facilities during operation, as well as ship-port or ship-ship interaction and knowledge in some way reduce such risks to a minimum.
5. Food security protection requirements according to technical, organisational and support personnel who are able to develop and maintain a recognized conservation organization operating procedures.
6. ability to ensure and improve the competence of employees.
7. The ability to continuously follow the employee trust.
8. Ability to provide measures to prevent unauthorised disclosure of information or access to sensitive defence-related materials.
9. received industrial safety certificate in accordance with the law "on State secrets".
10. knowledge of protection requirements.
11. Knowledge of current threats and protection type.
12. knowledge of weapons, dangerous substances and equipment recognition and detection.
13. Knowledge of how preventing any discrimination, identify persons who may pose a protection, that is, knowledge of the personal characteristics and behavior.
14. knowledge of techniques to avoid security measures.
15. knowledge about the protection and surveillance equipment and systems and their operational limitations.
16. the recognised security organisation size, structure, experience and capability to match its type of activity.
17. The recognised security organisation authorised to participate in the development of ship and port security inspectors and other interested parties.
18. According to a recognised security organisation's technical, administrative and organizational competence guarantee the provision of services.
19. the recognised security organisation ready to provide ship and port protection officers with the ship, port and port facility protection related information.
20. Defined and recognised security organisation documented policies and quality objectives, as well as ensure the implementation of policy in all recognised protection levels in the organization.
21. Developed, implemented and maintained quality systems according to national standard LVS EN ISO 9001-2001 L "quality management system". Traffic Minister a. shlesers