Regulations on port State control FOR Date-2014-11-24-1458 Ministry industry and Fisheries Ministry Published in 2014 clip 15 entry into force 24.11.2014 last modified the Change FOR 2010-12-30-1849, goes for Norway Pursuant LAW-2007-02-16-9-section 9, LAW-2007-02-16-9-section 10, LAW-2007-02-16-9-section 11, LAW-2007-02-16-9-section 12, LAW-2007-02-16-9-section 13, LAW-2007-02-16-9-section 14, LAW-2007-02-16-9-section 15, LAW-2007-02-16-9-section 16, LAW-2007-02-16-9-section 17, LAW-2007-02-16-9-section 21, LAW-2007-02-16-9-section 22, LAW-2007-02-16-9-section 22a, LAW-2007-02-16-9-section 23, LAW-2007-02-16-9-section 24, LAW-2007-02-16-9-section 25, LAW-2007-02-16-9-section 26, LAW-2007-02-16-9-section 27, LAW-2007-02-16-9-section 28, the law-2007-02-16-9-section 28a , LAW-2007-02-16-9-section 31, LAW-2007-02-16-9-section 32, LAW-2007-02-16-9-section 34, LAW-2007-02-16-9-section 35, LAW-2007-02-16-9-section § 42, LAW-2007-02-16-9-section 44, LAW-2007-02-16-9-section 45, LAW-2007-02-16-9-section 49, LAW-2007-02-16-9-section 52, LAW-2007-02-16-9-section 54, FOR-2007-02-16-171, FOR-2007-05-31-590,-2007-06-29-849, law-2013-06-21-102-section 1-2, FOR-2013-07-03-974-section 9-7 Announced at 28.11.2014. 15.40 short title regulations on port State control Chapter overview: Chapter 1. Common and initial provisions (§§ 1-3) Chapter 2. Port State control (section 4) Chapter 3. The cruise line and ship the driver's duties (sections 5-9) Chapter 4. Management measures (sections 10-15) Chapter 5. The abolition of withhold, halting of operations and port of call ban (§ § 16-20) Chapter 6. Concerns, tips and a right to appeal (sections 21-23) Chapter 7. Final provisions (sections 24-25) Title: set by the Norwegian maritime Directorate 24. November 2014 under the legal authority of the Act 16. February 2007 Nr. 9 about ship safety (ship safety law), section 9, section 10, section 11, section 12, § 13, § 14, § 15, § 16, section 17, section 21, section 22, section 22a, § 23, § 24, § 25, § 26, § 27, § 28, section 11, section 31, section 32, section 34, section 35, sections 42, section 44, section 45, section 49, section 52 and section 54, jf. the delegation decision 16. February 2007 Nr. 171, the delegation decision 31. May 2007 No. 590 and the delegation decision 29. June 2007 No. 849 and law 21. June 2013 No. 102 of employment etc. for workers on ships (ship the work law) § 1-2 third paragraph, LITRA d and section 9-7 fifth letter f, cf. the delegation decision 3. July 2013 No. 974. the EEA Joint referrals: the EEA Agreement annex XIII Nr. 56b (directive 2009/16/EC as amended by Directive 2013/38/EU), Nr. 56bc (Regulation (EC) No. 428/2010), Nr. 56be (Regulation (EC) No. 802/2010 as amended by Regulation (EC) no 1205/2012), Nr. 56bd (Regulation (EC) No. 801/2010) and Appendix XIII Nr. 56h (Directive 1999/95/EC).

Chapter 1. Common and initial provisions § 1. Scope the regulation applies to foreign cargo ships a) b) passenger ship c) removable devices in the food business.
The regulation does not apply to crudely built treskip.

§ 2. Convention requirements the following conventions with later additions and changes will apply as regulations for ships stay in Norwegian waters to the extent and so far the conventions apply to ships covered by the regulations here: a) The International Convention on the safety of human life at sea, 1974 (SOLAS 74) b) the International Convention on load lines, 1966 (LL 66) c) The International Convention on the prevention of pollution from ships , 1973, and its Protocol of 1978 (MARPOL) 73/78) d) the International Convention on standards of training, certificates and security for seafarers, 1978 (STCW 78/95) s) the Convention on the international regulations for the prevention of collision at sea, 1972 (Colreg 72) f) The International Convention on the measurement of ships, 1969 (ITC 69) g) the International Convention on civil liability for oil spill damage, 1992 (CLC 92) h) The International Convention on the regulation of harmful bottom fabric systems on ships (AFS Convention) in) the International Convention of 2001 about liability for the bunkers oil spills damage (Bunkers Convention, 2001) j) The International Convention on the sea people's working and living conditions (Maritime Labour Convention-MLC).

§ 3. Passenger ships in the domestic trade in Norway or in speed between ports on Svalbard this paragraph applies to passenger ships that do not have tags in an EEA State and goes in the domestic trade in Norway, including the speed between ports in the Svalbard archipelago.
Passenger ships built 1. May 2000 or later, and passenger ships with length 24 meters or more built before 1. in May 2000, and quick-moving passenger ships to which have the certificate showing that they meet the requirements of Directive 2009/45/EC as amended by Directive 2010/36/EU.
Passenger ships with length under 24 metres built before 1. May 2000 exempted the requirements of chapter I, II, III, IV of SOLAS 74 when the ships have national passenger certificate which allows for speed in territorial waters with the endorsement that the vessel has on board a) gyro compass and GMDSS equipment for A2-area b)-approved damage stability calculations according to SOLAS chapter II-1, part B, or chapter II-1 part B in annex 1 to Directive 2009/45/EC , as amended by Directive 2010/36/EU c) rescue equipment with thermal properties to all persons the ship is certified for d) navigation equipment that is appropriate for the ship's area of operation.

Chapter 2. Port State control section 4. Implementation of port State control the port State control conducted by Directive 2009/16/EC as amended by Directive 2013/38/EU (directive 2009/16/EC).
Provisions of the directive is complemented by the following regulations: a) the EEA Agreement annex XIII Nr. 56bc (Regulation (EC) No. 428/2010) on the implementation of article 14 of European Parliament and Council directive 2009/16/EC for as far as concerns the expanded inspections of ships.

b) the EEA Agreement annex XIII Nr. 56bd (Regulation (EC) No. 801/2010) on the implementation of article 10.3 in the European Parliament and the Council's directive 2009/16/EC for as far as concerns the flag State criteria.

c) the EEA Agreement annex XIII Nr. 56be (Regulation (EC) No. 802/2010 as amended by Regulation (EC) no 1205/2012) on the implementation of article 10.3 and 27 of the European Parliament and the Council's directive 2009/16/EC for as far as concerns the company's achievements.

Commission regulations apply as regulations with the customizations that follows from Annex XIII, Protocol 1 to the EEA Agreement and the agreement by the way.

Chapter 3. The cruise line and ship the driver's duties section 5. Duty to report the ship's scheduled arrival When a ship may be subject to or should undergo an extended control duties of the cruise line or ship leads to enroll into the ship's scheduled arrival at a Norwegian port or anchorage in the SafeSeaNet Norway no later than three days before the expected arrival.
The journey is expected to last less than three days to notice of expected arrival is recorded when the ship leaves the port or anchorage as it stays in. required after the Message first or second paragraph should contain a) ship identification (name, theme signal, IMO identification number or MMSI number) b) destination port c) expected time of arrival and the expected time of departure (ETA, ETD) d) information about the ship planning anchoring (berth or mooring device) e) the total number of people on board f) scheduled operations (loading , unloading, other) g) planned statutory supervision as well as extensive maintenance and repair work to be performed.

Tanker duties in addition to provide information about a) date of last expanded inspection in the Paris MOU and the European economic area b) construction: single hull, single hull with SBT, double hull c) load and ballast condition: the richly-Laden, empty or inert d) load amount and type.

The cruise line or ship leads to as quickly as possible inform the Norwegian authorities in the SafeSeaNet Norway by changes in the enrolled sailing schedule.

section 6. Message about the actual arrival and departure time the cruise line or ship lead duties no later than within 1 hour after arrival to report the ship's actual arrival time of the SafeSeaNet Norway. As the time of arrival is considered the time when the vessel is moored or anchor laid out.
The cruise line or ship lead duties no later than within 1 hour after the ship has left the port or anchorage to report the ship's actual departure time in the SafeSeaNet Norway.

section 7. The obligation to set aside time for extended control when a vessel can or should undergo extended control, duties, the shipping company or the master to set aside sufficient time to that the control can be implemented. Unless safety requires that the ship making the safeguards in the course of the implementation of the extended control, duties, the shipping company shall ensure that the ship will remain in the port until the control is carried out.

section 8. The duty to take steps Once an inspection has been deferred under section 4 jf. Directive 2009/16/EC article 19 No. 5, the cruise line or ship leads to make sure that the necessary measures to ensure that the ship meets the relevant requirements of the conventions are taken.

§ 9. Expenses in connection with the abolition of the administrative measures to cover all the expenses the cruise line in relation to the port State control that is made to repeal a) a detention b) a port of call ban.

The shipping company shall cover all expenses incurred by the detention in the port.

Chapter 4. Management strategies section 10. Withholding and stopping operations Ships as a) have defects that clearly constitutes a danger to the health, safety or security b) does not meet the requirement to have the tachograph c) has working and living conditions that pose an obvious danger to workers ' safety and health d) has serious and repeated violations of the MLC, including employee's rights will be withheld or have stopped operation where the defect was proven.

section 11. Port of call ban Ships be denied port calls to Norwegian ports and anchorages if they sail under the flag of a State that is on the a)

Paris MOU its blacklist, and has been retained or been issued a ban on operations after Directive 1999/35/EC more than twice in the course of the preceding 36 months in a port or at an anchorage in a State that has signed the Paris MOU, or b) Paris MOU his gråliste, and has been retained or been issued a ban on operations after Directive 1999/35/EC more than twice in the course of the preceding 24 months in a port or at a berth in a State that has signed the Paris MOU.

§ 12. Port of call our prohibition entry into force are obliged to provide for the shipping company that ships that get issued the ban as a port of the shortcomings found dishes under the port State control before the ship leaves the port or anchorage.
Port of call the ban will take effect when the ship has left the port or anchorage where the port of call the ban was issued.

section 13. Effect of detention of ships with previous port of call the ban a ship port of call to get ban all Norwegian ports and anchorages when the ship being withheld in a port or anchorage in a State that has signed the Paris MOU port of call for other one-time ban port of call after the first paragraph a ban applies to ports and anchorages in the Paris MOU.

section 14. Permanent ban a ship port of call that does not meet the criteria for termination under section 17, section 18 or section 19 twenty-four months after the port of call the ban was issued, a permanent port of call to ban Norwegian ports and anchorages.
A ship gets permanently ban all Norwegian port of call to ports and anchorages when the ship being withheld after the third port of call ban in the Paris MOU.
Port of call after the first prohibitions and the second paragraph also applies to ports and anchorages in the Paris MOU.

section 15. Denial of access to the port by violating the terms ship that is withheld and have been given permission to go to the repair shop, be denied access to Norwegian ports and anchorages when the ship a) leaves the port or anchorage without the stipulated terms of the permit are met, or b) does not go directly to the specified repair shop.

Chapter 5. The abolition of withhold, halting of operations and port of call ban section 16. The abolition of withhold and halting of operations suspension or suspension of an operation will not be revoked before the Norwegian maritime Directorate determines that the ship can sail or resume operation without a) danger to the passengers or crew health and safety b) danger to other ships c) that it is an unreasonable threat of harm to the environment.

The shipping company must have made full payment, or given a sufficient security for the refund of the expenses, if any, that control of the repeal may cause.
Suspension or suspension of an operation that is caused by violations of the MLC will not be lifted before a) faults or defects are rectified, or b) the Norwegian maritime Directorate has approved the ship's plan of action for correction of deficiencies and errors, and it is at issue that the plan will be carried out as soon as possible.

§ 17. The repeal of the first port of call ban First port of call the ban is revoked at the earliest 3 months after the port of call the ban was adopted.
To get the ban lifted the time limit must be a port that is set for the earliest abolition be expired and the cruise line a) must correct the formal request to the Norwegian maritime Directorate on the abolition of the port of call ban b) attach documentation from the flag State to confirm that an authorized inspector approved by the flag State's authority have been on board and noted that the ship fully meets the current requirements of the Convention c) attach documentation from the ship's any classification company that verifies that the Inspector who has written the report has been on board and noted that the the ship comply with the classification standards specified by the company d) demonstrate that it is carried in a new Norwegian extended control port, or in a port that the Norwegian maritime Directorate has approved, which confirms that the ship fully meets the current requirements of the Convention e) have made full payment, or given sufficient security for the refund of the expenses, which the extended control may cause.

By implementation of the new control in Norway to the cruise line, its representative in Norway or the master covet new control no later than 14 days before the control will be carried out. The ship will not load or unload in the port before the control is performed and the ban is lifted.

§ 18. The repeal of the second port of call ban is imposed when the ship port of call for the second time ban, is the deadline for early termination twelve months counting from the time when the decision on the other port of call ban was hit. Port of call the ban could not be unblocked until the terms of the § 17 second and third paragraph is met.

§ 19. The abolition of the third port of call ban is imposed when the ship port of call ban for third time, is the deadline for early termination twenty-four months counted from the time when the decision about the second port of call ban was hit. Port of call the ban could not be unblocked before the cruise line has document that a) the terms of the § 17 second and third paragraph is met b) ship sailing under a flag which, because of its standing Retainage percent on MOUs neither Paris black list or gråliste c) ship's statutory certificate and, where appropriate, class certificate has been issued by an organization or organizations that are recognized in accordance with European Parliament and Council Regulation (EC) No. 391/2009 of 23. April 2009 on common rules and standards for organizations to inspect and ship besikte d) is administered by the ship a shipping company that has a high level of performance in accordance with Appendix I, part 1 to Directive 2009/16/EC.

section 20. The repeal of the denial of access to the port in pursuance of section 15 denial of access to the port in pursuance of an imposed section 15 revoked when the cruise line has referred to the evidence that the ship fully complies with all the current requirements of the Convention.

Chapter 6. Concerns, tips and the right to complain to section 21. Access to appeal against the decision the shipping company or its representative in Norway can appeal against a decision on detention or port of call ban hit by the Norwegian maritime Directorate. The complaint should be directed to the Norwegian maritime Directorate.
Submission of complaint involves not that suspension or port of call the ban repealed.

§ 22. The concerns that have their work on board can report concerns to the Norwegian maritime Directorate. Worry-the messages will be processed in accordance with § 4 jf. Directive 2009/16/EC article 18 in and internal procedure.

§ 23. Access to complain about violations of the MLC it as have their work on the load or the passenger may complain about the lack of fulfilment of the requirements in the MLC. The complaint should be directed to the port State Inspector in the port where the ship has docked at its.

Chapter 7. Closing provisions section 24. Entry into force these regulations shall enter into force immediately.

§ 25. Repeal of and alteration of other regulations Regulations 30. December 2010 No. 1849 on the control of alien ships and removable devices in the Norwegian port, etc. repealed with effect from 24. November 2014.