Classification Society (Recognized) The Procedures For Monitoring

Original Language Title: Klasifikācijas sabiedrību (atzīto organizāciju) uzraudzības kārtība

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/135250

Cabinet of Ministers Regulations No. 373 in Riga 2006 (May 9. No 26 § 2) classification society (recognized) the supervisory order Issued in accordance with the maritime administration and the Maritime Security Act, article 18 of the fourth part i. General provisions 1 the questions determines the classification society (commercial, technical supervision of the ship in accordance with the national joint stock company "Latvian maritime administration" concluded mandate contract). 2. the meaning of these provisions: 2.1 ship-a ship that served between folksy certificates laid down in the conventions;
2.2. a ship flying the flag of a Member State,-ship, which is registered in the European Union or the European economic area Member State and flying the flag of that Member State in accordance with the law. Vessels that do not comply with this condition shall be assimilated to vessels flying the flag of;
2.3. international conventions-the 1974 International Convention for the safety of life at sea, and its 1988 Protocol (SOLAS), the 1966 International Convention on load lines mark and its 1988 Protocol and the 1973 International Convention for the prevention of pollution from ships and its 1978 Protocol, together with the amendments thereto in force and legally binding codes of conduct;
2.4. Organization-the classification society or any other company that is entitled to assess safety;
2.5. the recognised organisation-an organisation recognised in accordance with chapter IV of these regulations;
2.6. the certificate-the certificate issued by State joint stock company "Latvian maritime administration" (further-the Latvian maritime administration) or the classification society (recognized) in accordance with the international conventions;
2.7. the certificate of conformity-certificate of traffic prescribed by the Minister has issued a classification society (recognized organization);
2.8. certificate-class classification society issued a statement affirming that the structural and mechanical fitness of a ship for a particular use or service in accordance with the company's internal regulations, which are available to the public;
2.9. cargo ship radio safety certificate-the certificate introduced by the 1974 SOLAS/1978.gada radio regulations, adopted by the International Maritime Organization (hereinafter referred to as the IMO);
2.10. the location of the registered office-the Organization, the location of the management board or the principal place of business. II. Certificate and certificate of service exceptions 3. in carrying out the duties and obligations that Latvia has entered into under the international conventions, the Latvian maritime administration shall ensure compliance with the provisions of the international conventions, in particular with regard to the Latvian vessel and inspections, issue of certificates and the issue of certificates for the exception, if any, provided for in accordance with the provisions of the international conventions and the owner requests it. 4. To ensure that the requirements referred to in paragraph 3, with regard to ships flying the flag of Latvia, Latvian maritime administration recognised organisations entrusted with one of the following: 4.1 all or part of the ship inspection or inspection in relation to the certificates, including certificates of compliance with chapter X of these rules, and to issue the relevant certificates or extend the term of validity;
4.2. fully or partially carry out checks and inspections, after which the Latvian maritime administration issues certificates. 5. If necessary issuing an exemption certificate, the first time the Latvian maritime administration certifies the validity of the issue. Latvian maritime administration shall determine for vessels to be issued certificates pursuant to international conventions. Latvian maritime administration shall establish the guidelines and circulars recognised organisations on the individual requirements of the international conventions on the Latvian ships. 6. Chapter III of these rules shall not apply to marine equipment separate subject certification. III. the issue of the certificate of conformity 7. This provision is referred to in paragraph 4, the obligation to carry a certificate of conformity to the European Union recognised organisation shall be issued by the Ministry of transport. 8. Ministry of transportation organization list that have been granted a certificate of conformity for ship inspection or examination in respect of the certificates shall be published in the Official Gazette "Latvijas journal". 9. the European Union recognized organization certificate of compliance may be granted after the Ministry of transportation has submitted a request for recognition to the European Commission, adding information and news, which shows not recognised organisation's compliance with this provision the criteria referred to in the annex, and the European Commission has recognised this. IV. suspension of the certificate of compliance and cancellation 10. If the Latvian marine administration, based on Chapter VIII of these rules, it is concluded that the recognised organisation must not allow further on its behalf to carry out the tasks laid down in chapter III of these rules, regardless of the criteria referred to in the annex to the Latvian maritime administration shall send a reasoned opinion to the Ministry of transport for the suspension or withdrawal of the certificate. 11. The Ministry of transport on the basis of the opinion of the Latvian maritime administration, suspended or cancelled by the recognised organisation issued a certificate of conformity and shall inform the European Commission, as well as the European Union and European economic area Member States. V. limit the number of recognised organisations and the equivalence arrangements 12. Recognised organisations, whose location is the European Union, granted the certificate of conformity that rule referred to in paragraph 4 for the exercise of its functions pursuant to chapters VI and VIII of such requirements. Ministry of transportation may restrict the number of recognised organisations, which are assigned to the certificate of conformity by providing objective justification for such action. 13. Certificate of conformity to a recognized organization that the location is in a third country is assigned to carry out the provisions of paragraph 4, the obligations referred to in or part of the obligations of third country ensures equivalent capabilities to those recognised organisations, whose location is in the European Union and European economic area. Vi. Empowerment agreement 14. Latvian maritime administration authorization to switch the recognised organisations that has been issued a certificate of conformity identifying the specific duties and functions of the Organization, and which shall include at least:

14.1. the provisions referred to in the 1993 4 November, IMO resolution a.739(18) on guidelines for the authorization of organizations (-XI of the SOLAS Convention, chapter I), acting on behalf of the Latvian maritime administration, in annex II, taking into account the IMO MSC/Circ. 710 and MEPC/Circa. 307 on a model contract for the authorization of recognized organizations acting on behalf of the Administration, and the Appendix of the annex;
14.2. the provisions that the Latvian maritime administration in accordance with the provisions of paragraph 17 of the regular audit of the performance of the duties by the recognised organisations shall undertake, on behalf of the Latvian maritime administration;
14.3. the conditions of Latvian sea administration law selectively detailed inspections of ships;
14.4. the condition that the recognised organisation shall provide information to the maritime administration of Latvia and the European Commission on classified vessels, on the transfer to another organisation, class changes, suspensions and withdrawals, as well as notify the SIReNAC database (database, created by 26 January 1982 the Paris Memorandum of understanding on port State control, which is maintained and run by the French Transport Ministry's Department of information systems and the information on which you place all the ships in port State control inspections in the Member States of the Paris Memorandum ports) information on ship transfer to another organization, changing class suspension and revocation, the information on overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued to the registered vessels and inserts this information website on the internet;
14.5. the requirement that the recognized organization has a branch in Latvia by the Latvian courts jurisdiction;
14.6. the requirement for a certificate of non-service vessels that have been removed or lost in the class, while the Latvian maritime administration has not laid down the necessary inspections and checks;
14.7. the requirement to cooperate with port State control inspection, if any is involved in the port-class ship to ease deficiencies or other;
14.8. the following provisions concerning financial liability: 14.8.1. If the Court's decision, which entered into legal force, provides that the liability that occurs after any accident, rests with the maritime administration of Latvia, and it also affects the requirement to pay the affected persons for property loss or damage and people suffered injuries or death, the same court proving that it has happened the recognised organisations, the Department, employee, representative or other person acting on behalf of the recognised organisation, willful action, inaction or gross negligence, the maritime administration of Latvia is entitled to financial compensation from the recognised organisation, to the extent of the recognised organisation's action, as decided by that Court, caused by the loss, damage, injury or death;
14.8.2. If the decision of the Court, which entered into legal force, provides that the liability that occurs after any accident, rests with the maritime administration of Latvia, and it also affects the requirement to pay the affected persons about human injuries or death, the same court proving that it has happened the recognised organisations, its employees, agents or others who act on behalf of the recognised organisation, willful action, inaction or gross negligence Maritime administration of Latvia is entitled to financial compensation from the recognised organisation, to the extent of the recognised organisation's action, as decided by that Court, caused by the human injury or death;
14.8.3. If the decision of the Court, which entered into legal force, provides that the liability that occurs after any accident, rests with the maritime administration of Latvia, and it also affects the requirement to pay the affected persons for property loss or damage suffered, in the same court by showing that it has happened the recognised organisations, its employees, agents or others who act on behalf of the recognised organisation, willful action, inaction or gross negligence Maritime administration of Latvia is entitled to financial compensation from the recognised organisation, to the extent of the recognised organisation's action, as decided by that Court, caused by the loss or damage. 15. The Ministry of transport of the European Commission with precise information on the mandate of the agreements concluded in accordance with this chapter. VII. monitoring of the recognised organisations 16. Latvian maritime administration shall regularly check that the recognised organisations, which operate in the Latvian maritime administration tasks in accordance with the rules referred to in paragraph 4, the objectives and mandate of the Treaty, according to perform their functions. 17. the Latvian maritime administration not less frequently than once every two years, the recognised organisations shall audit and report on audit results to 31 March the following year shall be submitted by the Ministry of transport. Ministry of transportation about audit results inform the European Commission, as well as the European Union and European economic area Member States. 18. the Latvian maritime administration no less than annually inspect ships to ensure that the inspection of recognised organisations. 19. The recognised organisations shall mutually exchange information on overdue vessel surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions, if the ship is transferred from one recognised organisation to another recognized organization. 20. The transfer of ships from one recognised organisation to another recognized organization, on transfer, the losing organisation shall provide the gaining organisation with the complete history file of the vessel. Be issued by the gaining organisation certificates only after all overdue surveys and all overdue recommendations or conditions of class to the designated by the losing organisation. Before the issuance of the certificates, the gaining organisation advise the losing organisation of the date of issue of the certificates and confirm the date, location and action taken to satisfy each overdue survey, overdue recommendation and overdue condition of class. VIII. reporting 21. If there is a serious safety or environmental hazard or facts indicative of the recognised organisation's negligent conduct, the Latvian maritime administration reported to the Ministry of transport, as well as the flag State concerned of the facts revealed that the recognized organizations acting on behalf of flag States, have taken one of the following: 21.1. issued certificates for vessels which do not comply with the international conventions;

21.2. the classification certificates issued to ships which do not comply with the requirements of the information in the klasifik. 22. The recognised organisation concerned about paragraph 21, this provision shall inform referred to in the initial trial period. 23. The Ministry of transport shall inform the European Commission, as well as the European Union and European economic area Member States of the provisions referred to in paragraph 21. IX. application of technical regulations 24. Ships flying the flag of Latvia shall be constructed and maintained in accordance with the requirements of the hull, machinery and electrical and control equipment raises the recognised organisations. Through a contract with recognised organisations for the surveillance of the ship, the owner of a ship is provided information on the recognised organisation's requirements. 25. The recognized organizations shall coordinate with each other to ensure compliance with the technical regulations of the mutual and their application in accordance with IMO resolution a.973 (24) on guidelines to assist flag States in the implementation of IMO instruments. The recognized organizations shall provide the Commission with periodic reports on progress in the development of standards. 26. with regard to the four conditions listed in the Latvian maritime administration may apply the provisions deemed equivalent to those that apply to a recognized organization, subject to the condition that the regulations, following the reported traffic Ministry for equal application of the rules. 27. The Ministry of transport for the application of rules equivalent to the European Commission and the Member States of the European Union. Equivalent provisions apply if the traffic Ministry has not received any objections from the European Commission and the Member States of the European Union. Informative reference to European Union directives, the regulations include provisions resulting from: 1) of the Council of 22 November 1994, Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations;
2) Commission of 26 September 1997 Directive 97/58/EC amending Council of 22 November 1994, Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations of field (text with EEA relevance);
3) of the European Parliament and of the Council of 19 December 2001, Directive 2001/105/EC amending Council of 22 November 1994, Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations of field (text with EEA relevance);
4) of the European Parliament and of the Council of 5 November 2002 Directive 2002/84/EC amending the directives on maritime safety and the prevention of pollution from ships (text with EEA relevance). Prime Minister a. Halloween traffic Minister k. Peters annex cabinet may 9 2006, regulations No 373 minimum criteria recognized organizations i. General criteria 1. The recognised organisation shall provide documentary evidence of experience in assessing the design and construction of merchant ships.
2. the recognised organisations shall be at least 1000 ocean-going vessels (over 100 GRT) totalling no less than 5 million GRT.
3. the recognised organisation's technical staff is commensurate with the number of vessels classed. The recognised organisation is at least 100 specially authorized inspector.
4. the recognised organisation must have developed publicly available rules on commercial ship design, construction and periodic inspections. These rules are regularly updated and improved through research and development programmes.
5. The recognised organisation shall publish each year a ship registry data or keep them in an electronic base accessible to the public.
6. the recognised organisation is not controlled by shipowners or shipbuilders and other persons as merchant ships engaged commercially in the manufacture, equipping, repair or operation. Recognized organizations revenue must not be substantially dependent on a single merchant. The recognised organisation must not issue a certificate to the vessel if it is the owner or the operator and the associated business, personal or familial relationship with the owner or operator of the ship. This limitation shall also apply to surveyors employed by the recognised organisation.
7. The recognised organisation shall take action in accordance with the provisions referred to in the annex to IMO resolution a.789(19) on recognised organisations survey and certification functions, acting on behalf of the Latvian maritime administration.

II. specific criteria 8. The recognised organisation is backed by: 8.1. technical, managerial, support and research staff commensurate to the tasks and to the vessels classed, ensuring that legislation and development of development relating to recognised organisations;
8.2. technical staff that works around the world, including with other recognized organizations ' technical staff.
9. the recognised organisation is governed by a code of ethics.
10. the recognised organisation is managed and operated so as to meet requirements for confidentiality.
11. The recognised organisation is prepared to provide information to the Latvian marine administration, the European Commission and to the interested parties.
12. the recognised organisation's management has defined and documented its policy and objectives for, and commitment to, quality and has ensured that this policy is understood, implemented and maintained at all levels in the organisation. Recognised organisation's strategy focuses on safety and pollution prevention performance targets and indicators.
13. The recognised organisation has developed, implemented and maintains an effective internal quality system based on between folksy to recognised quality standards and in compliance with EN EN ISO/IEC 17020:2005 "the main criteria for different types of bodies performing inspection" and LVS EN ISO 9001:2001 "quality management systems-requirements" under the IACS quality system certification scheme, and shall ensure that the following requirements are met: 13.1. regulations relating to the operation of recognised organisations are developed and used in a systematic manner;
13.2. the recognized organizations the rules are complied with and an internal system to measure the quality of service;

8.3. comply with the requirements of the statutory work for which the recognised organisation is authorised, and an internal system to measure the quality of service in relation to the implementation of the international conventions;
13.4. defined and the responsibilities, authorities and interrelation of personnel whose work affects the recognised organisations, the quality of the services;
13.5. any job is controlled;
13.6. a monitoring system has been created to be able to control their inspectors, technical and administrative personnel actions and work which are directly employed by the recognised organisation;
8.5. the obligations for which the recognised organisation is authorised are carried out in its particular authorised inspectors or other recognised organisations specifically authorised inspectors. Specifically authorized inspectors shall be familiar with the specific type of vessel they surveyed, and requirements to be applied when carrying out surveys;
13.8. inspectors training is available on the system and continuous updating of their knowledge;
13.9. records are maintained, demonstrating achievement of the standards in the items covered by the services performed, and the effective operation of the quality system;
13.10. the recognised organisation's departments have created a systematic and documented the internal audit system;
13.11. surveys and inspections required by the harmonised system of survey and certification for which the recognised organisation is authorised are carried out in accordance with the provisions referred to in the annex and Appendix to IMO resolution a. 746 (18) on survey guidelines under the harmonised system of survey and certification;
13.12. There is a clear and direct lines of responsibility and control are established between the Central and the regional offices of the Department, as well as between recognised organisations and their surveyors.
14. The recognised organisation shall demonstrate that it is able to: 14.1. develop and supplement the documentation, including its provisions on ship hull, machinery, electrical equipment and control devices, which comply with recognised technical exchange between regulatory quality and on the basis of which the issue of the SOLAS Convention and passenger ship safety certificate (which certifies ship design and suitability of an essential facility) and load line certificates (which shows sufficient strength of ships);
14.2. to carry out all inspections and surveys laid down in international conventions for the issue of certificates, including the necessary means of monitoring using highly skilled professionals, and in accordance with the rules set out in the annex to IMO resolution a. 788 (19) on the guidelines, the Administration introduced the international management code for the safe, as well as to use and maintain a safety management system, both shore-based and on board ships should be certified.
15. The recognised organisations shall be subject to certification of its quality system by an independent body of Auditors recognised in Latvia.
16. The recognised organisation in cooperation with the Latvian maritime administration representatives and other interested parties in the development projects of the laws relating to the operation of recognised organisations. Traffic Minister k. Peters