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Law No. 290 From November 2, 2007 Approving Emergency Government Ordinance No. 74/2006 For The Modification And Completion Of The Government Ordinance. 42/1997 Naval Transport

Original Language Title:  LEGE nr. 290 din 2 noiembrie 2007 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 74/2006 pentru modificarea şi completarea Ordonanţei Guvernului nr. 42/1997 privind transportul naval

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LEGE no. 290 290 of 2 November 2007 on approval Government Emergency Ordinance no. 74/2006 to amend and supplement Government Ordinance no. 42/1997 on shipping
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 780 780 of 16 November 2007



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 74 74 of 20 September 2006 to amend and supplement Government Ordinance no. 42/1997 on shipping, published in the Official Gazette of Romania, Part I, no. 827 of 9 October 2006, with the following amendments and additions: 1. In Article I, point 3, Article 3 shall be amended and shall read as follows: "" Art. 3. -The provisions of this ordinance shall not apply to military vessels, military ports and areas where military activities are carried out exclusively. " 2. In Article I, paragraph 8, paragraph 1 of Article 6 shall be amended and shall read as follows: "" Art. 6. -(1) The Directorate shall exercise the powers of the Ministry concerning the coordination, supervision and control of public institutions, national companies, autonomous regions and companies in the field of maritime transport and on waterways interior, as the case may be, operating under or under the authority of the ministry, as regards the activities referred to in art. 5 5. " 3. In Article I, point 9, the introductory part of Article 7 shall be amended and shall read as follows: "" Art. 7. -The Romanian Naval Authority is the central specialized authority subordinated to the ministry, in the field of navigation safety and ship security, having the following duties: ". 4. in Article I, point 9, points e), g) and p) of Article 7 shall be amended and shall read as follows: " e) grant and issue patents, certificates of capacity for Romanian seafarers, certificates of recreational craft driver, as well as attestations of conformity and recognition; ........................................................................... g) monitor the activity of the approved forms of training in order to obtain and maintain the patents and certificates of capacity of the aircrew; ........................................................................... p) provides technical supervision on the safety certification of the construction of ships flying the Romanian flag, in accordance with the mandatory technical construction norms approved by the ministry or recognized organizations, at the request vessel owner; '. 5. In Article I, point 13, Article 11 shall be amended and shall read as follows: "" Art. 11. -(1) The education activities, namely the professional training and the improvement of the Romanian aircrew, are carried out only through an approved form of training. (2) The educational activities regarding the professional training and the improvement of the aircrew are carried out through accredited education providers under the law. (3) The compulsory improvement activities in the field are carried out through the Romanian Center for the Preparation and Improvement of Personnel in Naval Transport-CERONAV, a public institution subordinated to the Ministry of Transport, called further CERONAV. (4) For the specific activities and operations carried out, CERONAV charges approved tariffs by order of the Minister of Transport. (5) The approved training form for obtaining and maintaining the validity of the certificates and certificates of the aircrew represents the totality of the courses organized by a provider of education, training or improvement, approved by the Romanian Naval Authority. " 6. In Article I, point 14, Article 12 shall be amended and shall read as follows: "" Art. 12. -(1) CERONAV can carry out its professional development activity and through education providers accredited by the Ministry of Transport, according to the law. ((2) Providers of education on training and refresher services of maritime and waterway personnel, who have been accredited or subject to a similar procedure for carrying out such activities in a State Member of the European Union or belonging to the European Economic Area, are exempted from the requirement of accreditation provided in par. ((1). ' 7. In Article I, point 15, Article 13 shall be amended and shall read as follows: "" Art. 13. -(1) The Romanian Naval Authority has the obligation to permanently monitor compliance with the conditions under which the forms of training provided for in art. 11 11 para. (5), the way they conduct them, including the qualification and experience of the teaching staff and the instructors, as well as the related technical-material basis. (2) If the monitoring process fails to comply with the accreditation criteria based on which the courses organized by an education provider have been approved, the Romanian Naval Authority will notify the education provider, because within a limited period of time to remedy the deficiencies found. (3) If the education provider does not remedy the deficiencies found by the Romanian Naval Authority, the evaluation committee will propose the suspension of accreditation for a maximum period of 3 months. (4) If the deficiencies found have not been remedied after the expiry of the suspension period, the Romanian Naval Authority will decide to cancel the accreditation granted to the education provider for the conduct of a certain course. (5) All courses or vocational training programs in progress at the time of issue of a suspension or cancellation decision of the accreditation will be completed under the supervision of the accredited evaluation commission. During the suspension or after the cancellation of accreditation it is forbidden to start new professional training groups in the field. " 8. In Article I, point 18, Article 15 shall be amended and shall read as follows: "" Art. 15. -All maritime and inland waterway vessels, which are the subject of this ordinance, regardless of the flag they fly, while sailing or stationed in the national navigable waters of Romania and in the Romanian ports, are obliged to comply with the provisions of national law and international agreements and conventions to which Romania is a party. " 9. In Article I, paragraph 20, paragraph 1 of Article 16 ^ 1 is amended and shall read as follows: "" Art. 16 16 ^ 1. -(1) Compliance with the mandatory technical rules for the construction of ships flying the Romanian flag proves with certificates issued by the Romanian Naval Authority or by a recognized organization, provided in the list drawn up and published by European Commission in the Official Journal of the European Communities, respectively in the Official Journal of the European Union, as appropriate. ' 10. In Article I, paragraph 22, paragraph 2 of Article 18 shall be amended and shall read as follows: "(2) The Ministry, through the Romanian Naval Authority, shall also exercise its authority over ships flying the Romanian flag and sailing in the high seas or in the national navigable waters of other states." 11. In Article I, point 27, Article 23 shall be amended and shall read as follows: "" Art. 23. -There are ships, within the meaning of this ordinance: a) inland watercraft and inland waterway vessels of any type, propelled or unpropelled, which surface or immerse, intended for the transport of goods and/or persons, fishing, towing or pushing; b) floating installations, such as: drage, floating elevators, floating cranes, floating graifers and the like, with or without propulsion; c) floating constructions that are normally not intended for travel, such as: floating docks, floating landing, pontoons, floating hangars for ships, drilling rigs and the like, floating headlights; d) recreational craft. " 12. In Article I, paragraph 32, the title of Section 4 of Chapter IV shall be amended and shall read as follows: " SECTION 4 Nationality of the ship. The right to fly the Roman pavilion. Registration, deregistration and record of ships ' 13. in Article I, paragraph 33, points a)-c) of paragraph 2 of Article 45 shall be amended and shall read as follows: " a) maritime and inland waterway vessels owned or leased by Romanian legal or natural persons; b) maritime and inland waterway vessels of natural persons having the nationality of a Member State of the European Union or of the European Economic Area or of legal persons established in the European Union or in the European Economic; c) maritime and inland waterway vessels property of foreign individuals residing in Romania or of subsidiaries in Romania of foreign legal entities, other than those mentioned in lett. b); ". 14. in Article I, paragraph 33, after paragraph 3 of Article 45, a new paragraph (4) is inserted, with the following contents: "" (4) The vessels referred to in par. (2) lose the right to fly the Romanian flag at the end of the bare-boat rental or leasing contract or at the written request of the owner or the operator with the owner's opinion, as the case may be. " 15. in Article I, paragraph 34, points a) and b) of paragraph 1 of Article 46 shall be amended and shall read as follows: " a) the radiation certificate for the vessels referred to in art. 45 45 para. ((2) lit. a)-c); b) the certificate of suspension of the right of hoisting of the previously held pavilion, for the ships provided in art. 45 45 para. ((2) lit. d). " 16. in Article I, paragraph 38, point c) of paragraph 1 of Article 50 shall be repealed. 17. In Article I, paragraph 40, paragraph 3 of Article 51 ^ 1 is amended and shall read as follows: " (3) Maritime and inland waterway vessels referred to in art. 45 45 para. ((2) lit. a) and d) and who have obtained the right to fly the Romanian flag shall be entered in the register of ships in bars-boat and leasing. " 18. In Article I, paragraph 40, paragraphs 1 and 2 of Article 51 ^ 3 shall be amended and shall read as follows: "" Art. 51 51 ^ 3. -(1) Maritime vessels, inland waterway vessels, installations and floating constructions with their own propulsion shall be individualized by a name proposed by the owner and approved by the Romanian Naval Authority. (2) Maritime vessels, inland waterway vessels, recreational vessels, non-powered floating installations and constructions shall be individualised by a number awarded by the Romanian Naval Authority. " 19. In Article I, paragraph 40, Article 51 ^ 4 is amended and shall read as follows: "" Art. 51 51 ^ 4. -(1) The vessels that obtained the right to fly the Romanian pavilion shall be registered in the registers provided in art. 51 ^ 1 para. ((1)-(3). (2) It is not registered in the matricole registers provided in art. 51 ^ 1 the following categories of vessels: a) ships with a displacement of up to 15 mc including or a load capacity of less than 15 tonnes; b) recreational craft; c) craft of a length of less than 7 m and/or less than 15 kW; d) craft propelled by human force; e) recreational craft which do not apply to national regulations concerning their placing on the market, with the exception of boats intended to transport persons for commercial purposes and to craft established by the Regulation of application of this ordinance. ((3) The vessels referred to in par. ((2) lit. a) and b) shall be entered in a register by the port capitals. ((4) The vessels referred to in par. ((2) lit. c)-e) do not register in the register of port captains. (5) The form and content of the registration register provided in par. (3), as well as the registration procedures are approved by order of the Minister of Transport. (6) At the request of the owner of the ships provided (2) may obtain the right to fly the Romanian pavilion and will be registered in accordance with the provisions of par. ((1). ' 20. In Article I, paragraph 40, paragraph 2 of Article 51 ^ 5 is amended and shall read as follows: "(2) The owner of the ship requesting the suspension of the Romanian flag shall have the obligation to surrender the act of nationality of the ship and declare the new flag state." 21. In Article I, paragraph 40, paragraph 4 of Article 51 ^ 8 shall be amended and shall read as follows: "" (4) The lifting or launching of a ship's water from the hold or dock may only be made with the approval of the port captain. " 22. In Article I, paragraph 40, paragraph 3 of Article 51 ^ 9 is amended and shall read as follows: "(3) Newly-built vessels in Romania, to be registered in another state, may sail on the basis of registration documents or on the basis of a provisional flag flying permit issued by the competent authorities of that state." 23. In Article I, paragraph 48, paragraph 3 of Article 62 shall be amended and shall read as follows: "(3) The certificate of recreational craft shall be issued by the Romanian Naval Authority by the port capitals." 24. In Article I, paragraph 56, paragraph 5 of Article 71 shall be amended and shall read as follows: "(5) For navigation in war zones, the crew of the ship shall have the right to seek repatriation or additional compensation to the existing rights established by the negotiated collective agreement." 25. In Article I, paragraph 58, paragraph 1 of Article 73 shall be amended and shall read as follows: "" Art. 73. --(1) If the master/master of the ship or the mechanical head boarded a ship flying the Roman flag, for whatever reason, is unable to exert the order of that vessel, it shall pass on to another person. from the crew, in hierarchical order, in accordance with national law. " 26. In Article I, after paragraph 68, a new point is inserted, paragraph 68 ^ 1, with the following contents: "" 68 ^ 1. The title of Chapter VI is amended and shall read as follows: "" CHAPTER VI Activities carried out with maritime and inland waterway vessels "" 27. In Article I, paragraph 73, paragraph 2 of Article 90 shall be amended and shall read as follows: " (2) If the ship in danger is in the national navigable waters and the master/master of the ship, its owner or operator is unduly delaying the conclusion of a settlement for assistance or rescue and port capitania, in a whose jurisdiction is the ship in danger, considers that the ship constitutes a real danger to the safety of navigation, the environment or the surrounding population, it may order the institutions or economic operators specialised or other vessels available intervention for the rescue. " 28. In Article I, after paragraph 73, a new point is inserted, paragraph 73 ^ 1, with the following contents: "" 73 ^ 1. In Article 90, paragraph 5 is amended and shall read as follows: " (5) In the case provided in par. (2) the port capitania has the obligation to draw up a document which must contain: the danger situation of the vessel, the names of the vessels and of the persons who participated in that activity in its provision, the compliance of the operations of rescue ordered by it, as well as the expenses related to these operations. This document, approved by the Romanian Naval Authority, constitutes an enforceable title for the rescue reward due to each participant, the legal person. "" 29. In Article I, paragraph 74, paragraph 1 of Article 91 shall be amended and shall read as follows: "" Art. 91. -(1) In all cases of sinister, calamity, danger, pollution and other such or of general interest, occurring at sea, in national navigable waters or in ports, the Romanian Naval Authority, by port capitania in whose jurisdiction they have They shall coordinate all rescue activities and limit their effects. " 30. In Article I, paragraph 83, Article 110 shall be amended and shall read as follows: "" Art. 110. -The pilotage of seagoing vessels in ports and inland waterways is a safety service and shall be carried out under the control of the State for all vessels, irrespective of the flag they fly, in a non-discriminatory manner concerning duration, quality and tariffs. " 31. In Article I, paragraph 88, paragraph 2 of Article 122 ^ 3 is amended and shall read as follows: " (2) After obtaining the work permit provided in par. ((1), the capitania shall inform in writing and submit a copy of the work permit to the port and/or inland waterway administration in whose area the operation is carried out. " 32. In Article I, paragraph 88, Article 122 ^ 4 is amended and shall read as follows: "" Art. 122 122 ^ 4. -Throughout the period of the work, they will take place under the supervision of the port capitania. " 33. In Article I, paragraph 88, Article 122 ^ 5 is amended and shall read as follows: "" Art. 122 122 ^ 5. -At the end of the works provided in 122 ^ 3 para. ((1), the economic operator shall submit to the port chapter a report on the performance and results of the works. " 34. In Article I, paragraph 91, paragraph 2 of Article 124 shall be amended and shall read as follows: " (2) Anchor or mooring in the places provided in par. ((1) shall be made with the information of the port capitania in whose jurisdiction they are located. " 35. In Article I, paragraph 94, Article 126 shall be amended and shall read as follows: "" Art. 126. -The surveillance and control activity of the navigation shall be carried out by the Romanian Naval Authority through the port capitanies. " 36. In Article I, paragraph 95, Article 126 ^ 1 is amended and shall read as follows: "" Art. 126 126 ^ 1. -The representatives of the Romanian Naval Authority and of the port captains, empowered by the Director General of the Romanian Naval Authority, have the right of inspection and control, at any time of day or night, on board the ships, regardless of the flag they fly, located in national navigable waters or in Romanian ports. The control activity is carried out in accordance with national legislation and with the provisions of international agreements and conventions to which Romania is a party. " 37. In Article I, paragraph 102, paragraph 3 of Article 132 shall be amended and shall read as follows: " (3) In the cases provided in par. (. the prohibition of departure of the vessel may not exceed 24 hours from the time of receipt of the request of the ship's departure notice. After that period, the vessel will be retained only if the applicant submits an enforceable closure of the courts. The detention may cease if the owner or, as the case may be, the operator of the ship or the owner of the goods has provided proof of the formation of sufficient guarantees in relation to the claim invoked and it has been accepted by the one who requested the In the calculation of the 24 hours, the hours of the days declared legally as non-working shall not be taken into account. " + Article II In the contents Government Ordinance no. 42/1997 on maritime transport and inland waterways, republished in the Official Gazette of Romania, Part I, no. 210 210 of 10 March 2004, and in the Government Emergency Ordinance no. 74/2006 to amend and supplement Government Ordinance no. 42/1997 on shipping, published in the Official Gazette of Romania, Part I, no. 827 of 9 October 2006, the name "Ministry of Transport, Construction and Tourism" is replaced by the name "Ministry of Transport". + Article III In the contents Government Emergency Ordinance no. 74/2006 to amend and supplement Government Ordinance no. 42/1997 on shipping, published in the Official Gazette of Romania, Part I, no. 827 of 9 October 2006, the text "order of the Minister of Transport, Construction and Tourism" is replaced by the text "Order of the Minister of Transport" + Article IV The vessels of the border police, the transport police vessels and the vessels belonging to the National Customs Authority must comply with the provisions of this law within 12 months of its entry into force. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 2, 2007. No. 290. -----