Chapter 1. General provisions
The scope of the law
section 1 of this Act apply to all vessels used for navigation within
Sweden's territorial waters as well as Swedish ships used to
shipping outside of sjöterritoriet. The law also applies to Swedish
shipping companies and foreign shipping companies engaged in shipping
with Swedish vessels or using another ship to shipping
in Swedish territorial waters, unless otherwise stated. The law should
not, however, apply in so far as it is legally required
or follow the generally accepted international legal principles.
The law applies to ships only to the extent that the Government
so provide.
The provisions of Chapter 1. section 4, Chapter 2. section 9, section 10
the second sentence of the first subparagraph and second subparagraph of section 10, Chapter 5.
5-7 and §§ 16 and Chapter 7. section 2 relates to company security officers and ship
Security Organization, the provisions are not the operators
and a ship falling within the scope of European Parliament and Council
Regulation (EC) No 336/2006 of 15 February 2006 on the
implementation of the international safety management code within the
the community and repealing Council Regulation (EC) no
3051/952. Law (2009:59).
Definitions
Crew and owner
2 for the purposes of this Act, section
1. the seafarer means any person who, as a result of hiring serving
on board the ship with the main task to perform
ship work other than as mere temporary tasks,
2. the work: work performed on behalf of the ship
on board or elsewhere by someone who follows with the ship,
3. the safety crew: the minimum number of crew members in various
positions that can be considered safe from
maritime safety point of view in the speed at which the vessel is used in or
intended to be used in, and
4. minor: under the age of 18 years.
The provisions of this Act if the owner shall apply even in
the shipowner's place exercises decisive influence over the ship's
operation. However, this does not apply for the purposes of Chapter 3. section 16.
Passenger ships
section 3 of this Act shall mean With passenger ships carrying
more than 12 passengers.
As passengers are counted every person on board except
1. the master,
2. other seafarers,
3. other who are on board because of work for
the ship's behalf or in public service Ordinance as
terms of the ship or the activities carried out by the vessel,
4. the salvor or bärgares aide who follows with the ship
Since this affected by the accident,
5. people entering into port after being rescued from the
distress, and
6. children under the age of one year.
With ro-ro passenger ships, high-speed ferries and
regular service with the vessels ' means the same as stated in the
Article 2 of Council Directive 1999/35/EC of 29 april 1999 on the
a system of mandatory surveys for the safe operation of
ro-ro ferries and high-speed passenger craft engaged on
regular services, as last amended by European Parliament and
Council Directive 2002/84/EC.
Certificates and documents
paragraph 4 for the purposes of this law
1. navigability licences: a proof that a vessel on the supervision
have been found seaworthy,
2. passenger ship certificate: a certificate of a ship
When supervision have been found appropriate to carry
passengers and the maximum number of passengers which the ship
may entail,
3. free desktop certificate: a proof that a vessel's freeboard
has been established for the supervision and that freeboard marks have
attached to the sides of the ship on a real and lasting
way,
4. the safety management certificate "means a certificate of
to the ship's safety management in supervision has proved to
be consistent with the company's approved security organisation,
5. the document of compliance: a proof of
to the company's security organization has been approved at a
shipping control according to Chapter 5. section 16,
6. Lakes's certificate: a certificate that the vessel at
the timing of the issuance of the certificate has complied with the requirements
on working and living conditions as provided for by this law,
the seamen's Act (1973:282), mönstringslagen (1983:929), law
(1998:958) on rest time for sailors and of regulations that have
granted under these laws,
7. Declaration of conformity with the MLC:
a document that lists the conditions on a ship
According to the 2006 Lakes's Convention should be the subject of
supervision, the regulations applied and an explanation
the owner of what he made in order to comply with the prescribed
requirements, and
8. certificate of training of seafarers: a proof that
a person has complied with the regulatory requirements for specific function
or specific position on board ship. Team (2013:127).
Recognised organisation and recognized classification societies
section 5 Of this Act ' recognized organization ' means an organization
recognised in accordance with European Parliament and Council
Regulation (EC) No 391/2009 of 23 april 2009 on the
common rules and standards for ship inspection and survey organisations
ship inspection and survey.
With recognized classification society referred to in this law, a
the company recognised in accordance with the European Parliament's
and Council Directive 2006/87/EC of 12 december 2006 on
technical requirements for inland waterway vessels and of
repealing Council Directive 82/714/EEC, as last amended by
Council Directive 2013/22/EU of 13 may 2013 on adaptation
of certain directives as regards transport policy with
reason of the accession of the Republic of Croatia. Team (2013:986).
Security Organization
section 6 of the vessels and shipping companies which are covered by Regulation (EC)
No 336/2006 should the definitions also apply at
the application of this law. Law (2009:59).
Sea areas and zones
section 7 for shipping to Sweden's territorial waters are divided into
sea areas and zones. Team (2013:986).
Chapter 2. General requirements for ships and their staffing levels, as well as on
shipping business
Seaworthiness
§ 1 a vessel is seaworthy only if it is designed,
built, equipped and entirely capable of taking into account its
purposes and the speed as it is used or intended to be used
provide adequate safety against accidents.
Loading and unloading
section 2 of a vessel may not be so loaded or barlastat to its
stability or buoyancy be compromised or that the security of
the vessel or its occupants are put in danger by other means.
Loading and unloading shall not be carried out so that the safety of
the ship or persons on board.
Certificate
section 3 of a vessel shall keep the certificates referred to in this law
or in regulations made under the Act. A
the certificate must show that the vessel by an inspection of
issuing of the certificate corresponded to statutory requirements.
The certificate shall contain the specific conditions.
Certificates are issued by the Swedish Transport Agency, if the Government does not
provide otherwise.
Transportation Board shall declare a certificate invalid if
1. conditions no longer correspond to the prescribed requirements and
Despite the shortcomings, the injunction has not been remedied, or
2. the vessel is undergoing the prescribed supervision.
Law (2008:1378).
Staffing
4 of A ship shall be manned in a reliable manner.
§ 5 each Member of the crew of a ship shall have as good vision
and hearing that his or her data.
Provisions concerning medical examination of seafarers, see paragraphs 18-21
mönstringslagen (1983:929).
Duties of officers
6 §/expires U:den day Government/
The master shall ensure to have the knowledge of the ship
He or she needs to be able to fulfil their
obligations regarding the safety of the ship and to
prevent contamination.
Before a trip begins, the master shall ensure that the ship
made sjöklart.
When an employee assumes his position on board,
the master make sure he or she receives the necessary knowledge of the
the vessel, about the basic safety rules, if
provisions to guard against ship-source pollution and on
measures in case of accident.
6 § entry into force date/I:den Government/
The master shall ensure to have the knowledge of the ship
He or she needs to
1. be able to fulfil their obligations regarding the safety of
the ship,
2. prevent pollution and
3. prevent any unauthorized discharges of ballast water and sediment
from ships.
Before a trip begins, the pilot-in-command ensure that the ship
made sjöklart.
When an employee assumes his position on board,
the master make sure he or she receives the necessary attention
If
1. the ship,
2. basic safety rules,
3. provisions for protection against pollution from ships,
4. measures in case of accident, and
5. rules on the management of ship's ballast water and
sediment from such water. (Law (2009:1166).
section 7 If there is a Technical Director on board, he or she
responsible for operation and maintenance of the ship's machinery with
associated equipment as well as for the ship's fire safety.
Before a trip begins, the technical manager to make sure that
machinery with the devices belonging to this are in competent
condition, fire protection devices are ready to immediately
use and to what is required for machinery operation
on board.
As stated on the technical manager's liability shall not affect
Master's responsibility and authority under maritime law
(1994:1009).
§ 8 the provisions of sections 6 and 7 apply to foreign ships only
to the extent that the Government provides for it.
Shipping business
section 9 of the shipping business must be operated in such a way that
maritime safety is maintained and the people, the environment and property
be protected.
section 10 of The shipping line shall have a document of compliance
Security Organization in the cases referred to in Chapter 3. § 9.
The document shall be issued for a specified period of time, which may
extended. The document may contain special conditions.
Document of compliance issued by the
The Swedish Transport Agency, if the Government does not impose any
other things.
Transportation Board shall declare a shipping company's document on
compliance invalid if
1. conditions no longer correspond to the prescribed requirements and
Despite the shortcomings, the injunction has not been remedied,
2. company organisation or leadership changed in such a way
It is likely to prejudice the company's
Security Organization, or
3. the company does not contribute to a shipping company the control according to Chapter 5.
section 16. Law (2008:1378).
Chapter 3. Specific requirements for the use of certain vessels
Navigability licences
section 1 of the Swedish vessels with a gross tonnage of at least
20 or is a passenger ship shall have a navigation certificate.
Recreational vessels, however, have speed certificate only if
gross tonnage is not less than 100.
A ship owned or operated by the Swedish State and
used exclusively for public purposes and not for business operation
do not need to have speed certificate.
Transportation Board may exempt a vessel from the obligation
to have the speed of a passenger ship certificate, the certificate has
issued for the vessel pursuant to section 2.
Vessels and floating equipment that has a
Community inland navigation certificate referred to in paragraph 1 a of the need
not have any navigability licences for inland
waterways. Team (2013:986).
Community inland navigation certificates
1 a of the Following vessels, when operating on inland waterways
have a Community inland navigation certificate referred to in
Directive 2006/87/EC or a certificate issued in accordance
with article 22 of the revised Convention for the navigation of the
Rhine:
1. passenger ships,
2. tugs and pushers intended to
tow, sidobogsera or shoot at either such vessels
referred to in 3 or floating equipment, and
3. other ships have a length of 20 meters, or for
which the product of length, width and depth gives a volume
at least 100 m3.
Floating equipment will also have one of the certificates
specified in the first subparagraph at the traffic on inland waterways.
Seagoing vessels which have valid certificates for seagoing
traffic needs despite the first subparagraph does not have any of the
certificate that indicates when the temporary traffic internal
waterways. Team (2013:986).
1 b of the Vessels or floating equipment that only traffic
Swedish waterways without connection to a waterway in any
other EU Member State via an inland waterway does not need to have
any Community certificate referred to in paragraph 1 (a). Team (2013:986).
Passenger ship certificate
section 2 of a Swedish passenger vessels shall have a
passenger ship certificates. At the time of issuance of the
passenger ship certificates, the maximum allowable number of
passengers must be determined so that the safety of the passengers is
reassuring. Respect shall be paid, in particular, at the ship's
stability and buoyancy, on the steps that have been taken
for evacuation and abandonment of the ship as well as by the protection
against illness and accidents on board.
A foreign passenger ships must have a certificate or a
other document that specifies the maximum number of
passengers.
Vessels and floating equipment that have any of the certificates
referred to in paragraph 1 (a) need not have anything
passenger ship certificates for inland waterway navigation.
Team (2013:986).
section 3 of a passenger ship shall not carry more passengers than
as stated in the passenger ship certificate or, in the case of a
foreign ships, the corresponding action.
Freeboard
4 section For a ship with a gross tonnage of at least 20 and
which is a fishing vessel or carrying passengers or goods
the Board shall determine the Transport ship's minimum
freeboard. However, this does not apply to pleasure craft.
Law (2008:1378).
paragraph 5 of Each vessel for which the minimum allowed freeboard has
established shall on each side have free table tags showing
minimum allowed freeboard.
section 6 of a ship shall not be loaded beyond free desktop brands
Specifies.
section 7 a ship shall have a freeboard marks according to § 5 shall also
have a freeboard certificate. Ships that have a
Community inland navigation certificate referred to in paragraph 1 a of the need
not having a freeboard certificate. Team (2013:986).
§ 8 the provisions of §§ 4-7 applies to foreign vessels only in
so far the Government provides it.
For a foreign vessel, a different document which specifies the
the vessel's minimum allowed freeboard is accepted as
free desktop certificate.
Documents and certificates
§ 9 Vessels with a gross tonnage of at least 500 and
passenger ships may be used for shipping only if the shipping company
have a document of compliance and the ship
comes with a certificate of compliance
Security Organization. However, this does not apply to recreational craft
or ships owned or operated by the Swedish State and
used exclusively for public purposes and not for business operation.
Law (2009:59).
Lakes's certificate
9 a of a Swedish vessel with a gross tonnage of at least 500
used in international voyages or on domestic voyages in a
other country should have a Lakes's certificate. However, this does
no fishing vessels, traditional ships or vessels owned or
operated by Swedish State and which are used exclusively for the
Government purposes and not for business operation. Law (2012:97).
Declaration of conformity with the MLC
9 b of a Swedish vessel with a gross tonnage of at least 500
used in international voyages or on domestic voyages in a
other country should have a declaration of conformity with the
MLC. However, this does not apply to fishing vessels,
traditional ships or vessels owned or operated by Swedish
State and used exclusively for civil purposes and not
for business operation. Law (2012:97).
Safe manning and staffing regulations
section 10 For every passenger and every other ship with
a gross tonnage of at least 20 carrying goods or
passengers, the safety crew determined.
On request, the safety crew determined also for a
vessels referred to in the first subparagraph and who is under construction
or design or to be purchased from anyone else.
section 11 of a ship for which safety crew shall
be determined in accordance with section 10 or according to rules that are
issued under Chapter 7. 4 paragraph 3 shall not
be made before such a decision is handed down.
A ship for which safety crew has been established,
not be delivered unless the crew has the size and the
composition as indicated in the decision. The vessel may not
either be delivered in any other speed than that specified in the decision.
section 12 lays down the Safety crew of the Transport Agency.
For ships owned or operated by the Swedish State and
used exclusively for public purposes and not for business operation
shall be determined by the safety crew the authority
manages the vessel, unless the Government provides or for
special cases, decides otherwise. The authority shall consult with
Transportation Board before the decision. Law (2008:1378).
paragraph 13 of the authority which has issued a decision on
safety crew may withdraw or amend the decision on the
1. the ship or its equipment has been altered in a way that
likely to have relevance for the security crew
composition, or
2. other significant conditions for the decision has changed.
section 14 of The captains may decide that the vessel shall
be delivered despite the fact that the crew did not fulfil the requirements of
the decision on the safety crew provided that
1. the cause of non-compliance is that it has
a sudden illness within the herd, or
any other unexpected event,
2. the defect cannot be remedied before the ship's scheduled departure,
and
3. the herd is on the ship is so complex that
safe driving and maritime safety in General
be met satisfactorily.
The decision may not mean the ship conveyed in any other
speed than that specified in the decision on the safety crew or to
This decision is waived in the case of the master's qualifications.
The decision may relate to a maximum of one week or, if the journey to the nearest
port of destination takes a longer time, the time required
on the journey there.
In a decision on the security crew, Commander's right to
take the decision referred to in the first subparagraph be limited further.
section 15 Before the master takes a decision under section 14 shall he
or she shall consult the safety Committee or, if this is not
available, with the protection officer.
section 16 of the ship's owner or owners shall employ them as part
in the security crew and belongs to the deck or
machine staff.
If there are special reasons for this, the Government or the
authority that the Government admit that such personnel
being employed by someone else. Before consent is given, shall
representative organisations of shipowners and seafarers.
section 17, a vessel shall not have safety crew
established may instead be subject to staffing regulations
issued under Chapter 7. 4 section. The ship will then be delivered
only if the crew is so complex that the provisions
are complied with.
section 18 of the Regulations on the safety crew and if
staffing regulations do not apply to foreign ships.
Chapter 4. Working environment
If the work environment
section 1 of the Swedish work environment Act (1977:1160) does not work on ships
otherwise provided therein or provided for by this law.
paragraph 2 of the working environment on board ships shall be such as is said in Chapter 2.
the work environment Act (1977:1160) and in 3-5 paragraphs.
section 3 of a vessel shall, where appropriate, provide
workers with adequate housing and
recreational environment. There shall be a sufficient number of bedrooms;
day room, dining room, kitchen or corresponding areas for
cooking, facilities for personal hygiene, medical room and other
especially established areas of the seafarers ' personal
needs, convenience and comfort. All these areas must be
sufficiently large and furnished and equipped appropriately.
4 section for help and care in case of accident or illness,
able to be left on board, such measures required with
into account the number of workers, the nature and
the speed at which the vessel is used in.
paragraph 5 of The diet the seafarer, should be sufficient
and of adequate quality. The diet should be tailored to the
seafarers of different cultural and religious backgrounds.
Water for the needs of seafarers should be easy
available on board in sufficient quantity and of adequate
quality.
Rules on foodstuffs and to areas of activity with
food is available in the Food Act (2006:804) and the EC-
regulations are supplemented by the Act. Law (2012:96).
Commander's responsibilities for health and safety at work
6 § the master shall ensure that food and water in
sufficient quantity and of adequate quality are carried on the ship.
The master shall also oversee the housing and
health conditions on board.
7 § the master shall ensure that minors who are engaged to
or perform ship work in professional activities have filled
Sixteen years and have completed their compulsory education.
Notwithstanding the first subparagraph, a minor who has reached the age of thirteen years
hired to perform work within the vessel or lighter
fishing industry if the work is not of such a nature that it can
to impair the minor's health, development or
schooling.
The first and second paragraphs do not apply to minors who are
workers. Provisions on the minimum age for work
performed by workers can be found in the seamen's Act (1973:282).
8 § the master shall ensure that no minor is engaged
to or perform ship work in a way that creates the risk of
accidents, overexertion or other harmful effects on
the minor's health or development.
section 9 of Chapter 3. section 2, paragraph 2 (a), first and second subparagraphs
and paragraph 3 of the Working Environment Act (1977:1160) on an employer's
obligations shall be at work also apply to master.
Safety representatives and safety Committee
section 10 provisions on safety representatives and safety Committee in Chapter 6.
the work environment Act (1977:1160) also applies to safety representatives and
Safety Committee on ships unless otherwise provided in the Act or the
in paragraphs 11-17.
section 11 On a ship with at least five workers shall, inter
These one or more safety representatives be appointed. Safety representatives shall
appointed on other vessels, if necessary. Alternates should be designated
for each safety representative.
Safety representatives are appointed by the Mariners. In the election of safety representatives
not the master, technical director, or such
Member of the National Security Committee who has been appointed by the employer.
The Transport Board may, if circumstances require, allow a
or more safety representatives designated jointly for several ships
have the same owner. Such a protection officer appointed in accordance with the same
basis as another safety officer or by a representative of the
seafarers on ships. Law (2008:1378).
section 12 of the Though of course ship's work is immediate and serious
danger to life or health of any occupants and correction not
can be obtained by application to the master,
protection officer determine that the work should be discontinued.
If necessary, from the point of view of protection and rectification may not immediately
be obtained by application to the master, the protection officer
cancel the work that a worker performs alone.
If the protection officer concludes that a prohibition pursuant to Chapter 6. 1, 2, 3
or section 6 of being violated, he or she may cancel the work referred to
with the ban, or necessary for the ship to be able to
begin or continue a forbidden journey.
For damage resulting from the measure referred to in the first-third
the pieces are protection officer free from liability.
section 13 a decision of a safety officer under section 12 of the terms in question
If a vessel is moored or at anchor in Swedish
port to its Transport Agency has taken a position on the matter.
In other cases, or in the case of emergency assistance applies
Commissioner's decision until the master has taken
position. The master may order work against protection officer
decisions only if he or she finds that the decision is unfounded
or that the work is necessary to eliminate or
prevent a danger as he or she deems to be greater than the
risk which has led to the Commissioner's decision. Before
the Commander orders the work in violation of the Commissioner's decision
He or she shall hear the safety Committee, if there is such a
on Board according to section 14, first paragraph, and there is no
overriding obstacles. Law (2008:1378).
section 14 On a ship whose crew normally amounts to at least
Twelve people, there shall be a safety Committee, composed of
representatives of the shipowners and the seafarers. A
Safety Committee shall be set up even on another vessel, if the
shipboard requests it.
The Security Committee also may include representatives of other
employer than the shipowner. The members of the Committee who are not
represents the shipowner or another employer is appointed by the
shipboard. In the election of such members do not participate
the master, the technical director or member of the Committee
as before the election has been appointed by the employer.
The Transport Board may, if circumstances require, allow
a safety Committee be appointed jointly for several ships that have the same
owner. Such a Joint Security Committee appointed according to the same
basis as other safety committees. Law (2008:1378).
§ 15 termination of an employment contract or another
such an act taking place contrary to what is said in Chapter 6.
the third subparagraph of paragraph 10 of the Working Environment Act (1977:1160) is invalid.
If a protection officer States that he or she is due
the mission to be safety representatives have been dismissed from their
employment or have had their working conditions or
employment conditions deteriorating, he or she is entitled to be
remaining in his position under unchanged conditions of work and
employment conditions for its issue have been tried. On
the request of the shipowner may be court order that this does not
shall apply.
If a safety officer after the employment ceased has
brought an action for the employment relationship shall consist of
because of that the dismissal is invalid pursuant to the first subparagraph,
Court on application order that protection officer will get back in
the work of until a decision or judgment in question
has become final. For the duration of the mandate applies have
protection officer the right to the terms and conditions of employment that are United
with his or her previous position.
What is said in this paragraph on the right to remain in the position
or return to work does not exclude the application of 17 or
section 18 of the seamen's Act (1973:282).
section 16 of The wishing to institute proceedings under section 15, or require
damages under Chapter 6. section 11 of the Working Environment Act (1977:1160)
shall inform the other party thereof within one year and six months
from the termination of the action that the claim is based. Has
in the meantime, negotiations in respect of the claim requested under
Act (1976:580) on the co-determination in the workplace or with support
of the collective agreement, shall be brought within six months after
the hearing was closed. In other cases, action
be brought within two years from the termination of the action claim
is based on.
The first subparagraph shall apply also in the case of claims on
employment benefits in accordance with Chapter 6. paragraph 5 of the work environment Act.
Be exercised not provided for in the first or second paragraph is
the right of action is lost.
In the case referred to in the first subparagraph applies to what is said in Chapter 6.
paragraph 13 of the Working Environment Act.
section 17 in relation to the shipowner or another employer shall
12, 13, 15 and 16 §§ apply when those who have appointed
protection officer has notified the Manager or employer if
the choice.
What is being said about the safety representatives in this section and in section 15, the
apply also in the case of members of a safety Committee.
Foreign ships
section 18 the provisions of this chapter apply to foreign ships
only to the extent that the Government provides for it.
Chapter 5. Supervision
Regulators
section 1 of the Swedish Transport Agency exerts, if something else is not specified,
inspections under this Act and in accordance with regulations
issued by virtue of the law with regard to
1. vessels and their equipment, operation, loading, unloading and
safety management;
2. securing of cargo that has not yet taken on board,
3. the company's security organization,
4. the working environment on board, and
5. working and living conditions on board.
In the case of inspection pursuant to section 8 shall be exercised supervision while of
Coast Guard insofar as Transport Agency
Decides, in consultation with the coast guard.
In matters relating to the work environment and work and
living conditions on Board relating to supervision also seamen's Act
(1973:282), the Swedish work environment Act (1977:1160), mönstringslagen
(1983:929) and Act (1998:958) if the rest period for seafarers and
regulations issued pursuant to these laws.
Supervision should also relate to parts of the European Parliament and
Council Regulation (EC) No 1907/2006 of 18 december 2006 on
registration, evaluation, authorisation and restriction of
chemicals (Reach), establishing a European
Chemicals Agency, amending Directive 1999/45/EC and
repealing Council Regulation (EEC) No 793/93 and
Commission Regulation (EC) No 1488/94 as well as Council directive
76/769/EEC and Commission directives 91/155/EEC, 93/67/EEC,
93/105/EC and 2000/21/EC subject to supervisory responsibilities in accordance with
regulations issued pursuant to the Working Environment Act
(1977:1160).
Supervision under the third and fourth paragraphs shall be exercised with respect to
the working environment in co-operation with the Swedish work environment authority.
Provisions on supervision of food management
the Food Act (2006:804). Law (2012:96).
section 2 of the Supervision of ships owned or operated by the Swedish State
and used for any purpose other than that of the public service
carry passengers or goods carried out by the authority
manages the vessel, if the Government does not provide otherwise.
The authority shall consult with the Swedish Transport Agency.
Law (2008:1378).
section 3 on supervision in the form of inspection or inspection has
exercised by a recognised organisation or recognised
classification societies to establish minimum
free table, or to issue or renew certificates for
vessels or equipment, this supervision the same validity
as if the powers of the Transport Agency. Team (2013:986).
Regulatory Ordinances
4 § The supervision referred to in paragraph 1 shall be exercised in
enforcement Ordinances. Such ordinances are performed as
surveys, inspections, controls, or the host State
shipping company controls.
Surveys and shipping company checks are made according to a pattern.
Where there is particular cause for it, an inspection
or shipping company double-checks also but the plan. Inspections are made
When a supervisory authority considers that it is justified.
Host State control is done at the times and under the
conditions set out in paragraphs 11 to 15.
Inspection
section 5 inspections must be done mainly to
1. examine whether a vessel is seaworthy,
2. examine whether the vessel is suitable to be used as
passenger ships,
3. determine the minimum allowed freeboard of the vessel,
4. examine the ship's security organization in conformity
with the company's safety management, and
5. examine the compliance with the provisions of the law (1998:958)
If the sleep time for sailors.
section 6, a ship built for a Swedish customer and as
under this Act or under the regulations that have been issued
with the aid of the law should have the certificate, must be inspected before
It is used to shipping for the examination of whether it is
seaworthy.
Have a foreign vessel had been Swedish, the inspection of
to examine the ÉÌÏ take place unless
the supervisory authority finds it unnecessary to take account of
the ship's characteristics or circumstances in General.
Inspection must be made also to examine whether the ship's
safety management in line with the company's
Security Organization, unless the supervisory authority finds that the
It is unnecessary in view of the fact that the ship has already been a
valid certificates issued by the
a body which is competent in accordance with this Act.
section 7 a ship that has been inspected in accordance with section 6 shall be inspected
If it has undergone a major refurbishment, repair or
renewal, or has been damaged in a way which may affect
the ÉÌÏ. Such inspection shall be made within
three months of renovation, repair or
regeneration has been completed. For vessels which have a
Community inland navigation certificate, an inspection, in
rather than within the time limit referred to in the second sentence, should be made
before the ship makes any new journey. Team (2013:986).
Inspection
section 8 during an inspection, it shall, if conditions do not
causing the other, whether
1. the working environment is satisfactory,
2. the ship is properly loaded or barlastat,
3. goods which have not yet been brought onboard are safely fitted
maritime transport,
4. the vessel is manned in a reliable way,
5. the vessel is otherwise in the competent State, or
6. the ship's safety management in line with the company's
Security Organization.
8 a of during an inspection, it shall, if conditions do not
shall give rise to another, check for the following proof or
certificate carried on board ship:
1. the proof referred to in Chapter 7. section 3 of the maritime law (1994:1009)
2. a certificate as referred to in chapter 15. paragraph 32
maritime law, or
3. the proof referred to in chapter 15. 32 section
the maritime law.
In a port State control to a control within the meaning of the first
paragraph 1 and 2 will always be made. Law (2015:255).
§ 9 the supervision of foreign ships is done by inspection. When
terms of conditions covered by certificates,
the inspection is limited to the review of the ship
certificate or equivalent document in accordance with Chapter 7. section 3,
If there is not reasonable cause to believe that the ship,
its equipment or security organisation differs from
the information contained in the certificates or documents in any
material respect. This limitation does not apply if
regulations have been issued under Chapter 7. 6 § 2.
At the request of an authority of a foreign State may
The Swedish Transport Agency notwithstanding the first subparagraph, shall decide
If another regulatory Ordinance than inspection for a
ships which belong in the foreign State and, if it
necessary, issue a certificate or other document
referred to in this Act or in the regulations that have been issued
with the support of the law.
A ship owned or operated by a State must not
be inspected when the ship is used exclusively for
Government purposes. Law (2010:1360).
10 § When the inspection examined whether Act (1998:958) if
hours of rest for seafarers are complied with on board a foreign vessel,
Initially, the supervisory authority shall verify that the
There are rules and notes on working time is passed in
accordance with the provisions of the Act.
If the complaint has been received or if because of observations
on board, there is reason to suspect that the employees on board
a foreign vessel is exhausted, the supervisory authority
check whether the provisions of the Act on hours of rest for seafarers has
complied with. The authority may also consider at that control
other notes on the operation of the ship.
Host State control
section 11 the provisions of §§ 12-15 applies to ro-ro passenger ships
and high speed passenger craft, when engaged, or shall
be used in regular service in which the vessel enters or departs
from a Swedish port on international voyages or on domestic
travel in the sea areas the Government determines.
section 12 Before a ship referred to in section 11 is taken into use in regular
the supervisory authority shall make
1. an initial inspection of the vessel and the company
intends to use the ship in regular service (shipping company), and
2. an initial inspection of the vessel.
An initial inspection and inspection must also be done when a
ships put into service in other regular services than previously, if it
not in the circumstances is unnecessary.
The initial inspection must be made within one month from the
that the supervisory authority has received the data needed
for the initial check.
paragraph 13 of the vessels referred to in section 11 shall be inspected in accordance with a
pattern, in which case the regulator once within every
period of twelve months shall make a specific survey, partly
a survey during a regular drive.
Such vessels shall in addition be inspected particularly
1. when in any material respect is repaired, built
about or changed,
2. replace the flag, when it is transferred to a new class
or when the company's management changed in such a way that can be adopted
affect the safe operation of the vessel.
A specific survey in accordance with the second subparagraph 2 need not
be made where having regard to the circumstances, it is unnecessary.
section 14 of the supervisory authority may waive a regulatory Ordinance
referred to in section 12 or 13, if the corresponding Ordinance has
carried out by a competent authority in another State within the European
economic area and the regular service includes
a port in the State.
section 15 If a replacement vessel due to unforeseen
circumstances must be inserted in the services referred to
in paragraph 11 of that continuity is to be maintained,
the supervisory authority may allow the ship is also used if the
have not been checked or an inspection under section 12, in
condition that the vessel may be expected to satisfy the requirements for safe
operation.
The regulatory authority shall, within one month from the permission
given to perform the initial inspection of the vessel and the company
as well as the initial inspection of the vessel.
Shipping control
16 section At a shipping company control the supervisory authority to examine whether
the company has a security organization that meets the requirements of 2
Cape. 9 § and in the regulations on shipping
security organization that has been granted under this Act.
About the CSO organization or leadership changed in such a way
It is likely to prejudice the company's
safety management, a shipping line control carried out.
Reports from pilots and port tenants
16 a of A pilot or a port holder who in connection with
their normal activities, noting that a ship has
obvious discrepancies, should immediately report this to the
the authority that the Government decides, if the deviations
– may prejudice their safe performance,
or
– can pose a threat to the marine environment.
With the port holder "means the natural or legal
person exercising the decisive influence over the port's
operation. Law (2010:1360).
The Chief Executive of prudential Ordinances
section 17 of The Ordinance that enforces a monitoring under this
law, in accordance with regulations issued under the law
or in accordance with Regulation (EC) No 336/2006 or advises on a
such Ordinance shall have the right to get access to the ship and
to do the examinations and take the tests that he or
She needs as well as the actions of the ship who is
on board. For selected samples will not be any compensation.
For businesses, it should be avoided if possible to ship
is delayed or other inconvenience incurred.
Law (2009:59).
section 18 of the Police, customs service, Coast Guard and environment-
and health boards are required to assist the
regulatory authorities and provide the information that these
authorities need to exercise supervision according to this law,
According to regulations issued by virtue of law or
According to Regulation (EC) No 336/2006. Law (2014:733).
§ 19 When Coast Guard supervision as referred to in
1 paragraph or section 18 assists, according to officials
When the coast guard the powers to take measures
specified in §§ 2 and 4 Act (1982:395) if the coast guard
participation in police surveillance. Thereby concerning
provisions of 5, 6, 8 and 9 of the aforementioned law.
Obligations of the owner and others.
section 20 of the ship owner and the owner is responsible for the ship
subject to supervision under this law, in accordance with regulations
issued by virtue of the law or in accordance with Regulation (EC) no
336/2006.
The shipowner and master and other officers on Board shall provide
the supervisory authority the assistance it needs in the
enforcement Ordinances and provide the information requested
at such ceremonies. Law (2009:59).
section 21 of the shipowner is responsible for as shipping is undergoing
inspections under this Act, in accordance with regulations
issued by virtue of the law or in accordance with Regulation (EC) no
336/2006.
The shipowner shall provide the supervisory authority the assistance it needs
and the information it requests for oversight.
Law (2009:59).
section 22 at the request of the Transport Board or of any
other regulatory organisation which the Government determines is
the shipowner is obliged to arrange for thickness measurements of
the ship's hull and investigate topics and materials
is used on the vessel or its cargo and to
provide the test for such an investigation. The corresponding
obligation applies in the case of machinery, equipment or other
technical equipment on the vessel.
In the case of substances and materials whose loading is
imminent but that have not yet come under the shipowner's
care, the cargo owner is the obligation owed by the shipowner
under the first subparagraph.
An examination under this section shall be borne by the
who have been appointed to ensure the investigation or to
provide samples for examination, unless
the authority decides that the cost in whole or in part,
replaced by State funds. Law (2010:1360).
section 23 if anyone fails to comply with a request under section 22 or not
can be notified of a decision with such a request without
such a delay, which endangers the purpose of the decision,
the regulator let execute the operation on his or
her expense. This applies even if the immediate action required
but it cannot be expected that the operation will be taken by
the addressees of the decision.
section 24 of the user of a specific product at work or
who has instructed anyone else to perform a particular
the ship is obliged to work at the urging of a
supervisory authority shall draw the attention of who has delivered the product
or do the work.
The program for use on ships has transferred or assigned
a technical device or assigned a topic, which can
give rise to illness or accident, is required to call
by a supervisory authority to provide available information on
which the assignment or transmission has occurred.
section 25 of an appeal under section 22 or 24 may be subject to a penalty.
Drawings
section 26 If a ship is built or rebuilt for a Swedish
clients and ship in accordance with this Act or the regulations that
issued by virtue of the law shall be inspected, drawings
the ship is made to the Swedish Transport Agency in good time before the
work that the drawings relate to. In urgent cases,
the drawings be filed promptly thereafter.
Drawings to a foreign vessel which has been Swedish and
therefore shall be subjected to inspection in respect of the ÉÌÏ, shall
be submitted to the Transport Agency as soon as possible.
Law (2008:1378).
paragraph 27 of the ship owner or originator shall ensure that
drawings referred to in section 26 of the submitted to the Swedish Transport Agency within
the period specified there. Law (2008:1378).
section 28, at the request of a client, owner or shipbuilder
the Transport Board review the drawings referred to in section 26 and
emit the observations the audit raises with
account of the provisions of this Act or the regulations that
issued by virtue of law.
Drawings of machinery, equipment or
devices on Board shall be reviewed also at the request of a
manufacturer. Law (2008:1378).
Prudential Financial
section 29 of the Swedish passenger, regardless of tonnage, and other
Swedish ships with a gross tonnage of at least 20 shall have a
Prudential Financial. Recreational vessels, however, have a prudential financial
only if gross tonnage is not less than 100.
section 30 of the master shall ensure that a copy of the company's
document of compliance and the vessel's
Prudential Financial and the certificates or other documents
issued for the ship in accordance with this Act, pursuant to the provisions
granted under the law or in accordance with regulation
(EC) No 336/2006 is on board and will be available at
enforcement Ordinances.
No one may be deprived of access to the contents of the regulatory workbook,
If he or she needs it to be able to take advantage of their
right. Law (2009:59).
Message to safety representatives
section 31 During supervision under this Act, the supervisory authority
leave the protection officer copies of any written communications in
matters relating to the ship, unless the content of the message
evidenced by the ship's Prudential Financial.
Chapter 6. Restrictions on the use of ships
Ban on travel
§ 1 a ship's journey may be banned, if there are reasonable
reason to believe that
1. the ship unseaworthy for a trip in the intended
speed or zone,
2. ship in any material respect are shortcomings in protection
against illness, accident, or insecurity in working and
living conditions,
3. the ship is not loaded or barlastat in a reliable
way,
4. the ship is carrying more passengers than the maximum
the number,
5. the ship is not manned on a prudent basis, for the
intended voyage;
6. the shipping company or the ship does not comply with the requirements of
safety management according to this law, pursuant to the provisions
granted under the law or in accordance with regulation
(EC) No 336/2006,
7. the provisions of the law (1998:958) on rest time for mariners
not followed and this means an obvious danger to seafarers '
or the health and safety of workers,
8. weather or sea conditions are so unfavorable that the trip
would pose serious risks to humans or the environment,
9. the ship does not comply with the regulatory requirements for labelling with
IMO identification number, or
10. the ship does not comply with the prescribed requirements to such
documents with the ship's history to appear on board
the ship.
If it is only on the flaws in the devices for work
or work tools, rather than the use of
appliances or tools may be prohibited until the correction is
occurred.
Similarly, in lieu of the prohibition referred to in the first subparagraph,
the use of a particular local, process or
working method or of a particular topic banned until correction
have occurred if there are reasonable grounds to believe that
use involves a risk of illness or accidents.
Team (2013:986).
section 2 of the ships ' voyage may be banned if the vessel is not held
available for enforcement Ordinance. A ship's journey,
also be prohibited if the Board lacks
1. a certificate which it should have according to this law, or
According to the rules given under Chapter 7.
section 3,
2. a proof as it should have under Chapter 7. section 3 of the maritime law
(1994:1009)
3. a certificate as it should have under Article 4a. 5 or
4A. 15 of annex I to the European Parliament and of the Council
Regulation (EC) no 392/2009 of 23 april 2009 on the
the liability of the carrier in case of accidents at
passengers by sea, in the original
the wording,
4. a certificate as it should have under Article 4a. 5 or
4A. 15 in the 2002 Athens Convention relating to the carriage of
passengers and their luggage, or
5. evidence as it should have under Chapter 15. 32 section
the maritime law.
If the missing certificate referred to in the first subparagraph 1 is of
such as referred to in paragraph 3 of the first paragraph 2, applies in
rather than what is stated in the paragraph.
At a transport with a foreign ship comes first
paragraph 3-5 only if the ship enters or leaves a Swedish
port. Law (2015:255).
section 3 of a vessel's voyage shall be prohibited if the
1. the shipping line is missing a document of compliance
safety management;
2. vessel onboard does not have such a certificate
or such copy of the CSO
document of compliance that it shall have
under this Act or under the regulations that have been issued
with the support of the law,
3. If any such deficiency specified in paragraph 1 results in immediate danger
for life, the ship, its crew or passengers and such
measures referred to in paragraph 1 of the second or third paragraphs are not
sufficient to eliminate the hazard, or
4. the vessel is not equipped with a functioning
tachograph systems it must be fitted with under this
law or by regulations that have been issued with the support of 7
Cape. 2 § 1.
The prohibition referred to in the first subparagraph 1-3 may be suspended if necessary
to prevent overcrowding of the inspection port. If a
prohibition is suspended on this basis applies to what is said in
regulations issued pursuant to Chapter 7. 7 §.
If the deficiency referred to in the first subparagraph 4 cannot be fixed easily in
the supervisory authority may permit the inspection port to ship
proceed to the nearest appropriate port for rectification of
the lack, or issue the injunction that the deficiency shall be
resolved within 30 days.
paragraph 4 Of article 3 of the second or third subparagraph of this paragraph shall not apply to an
prohibition to drive relate to its rectification has been done and
payment has been made or secured for the costs
for protection under this Ordinance or the detention
law or by regulations issued pursuant
the law shall be paid by the shipowner or the shipowner.
Ban for ports accommodating ships
§ 5 If a ship has been banned from entering American ports under
regulations issued pursuant to Chapter 7. section 7, may
Swedish ports is forbidden to receive the ship.
Prohibition on the use in regular service
section 6 of a ship referred to in Chapter 5. section 11 shall be prohibited from
be used in regular service, if
1. the company at an initial inspection in accordance with Chapter 5. section 12 does not
has shown that the requirements for such traffic are met, or
2. the flag State, without first consulting with
The Swedish Transport Agency, has issued
(a)) exemption certificate under rule in B/12 (a) (vi) in 1974
International Convention for the safety of life at
Sea (SOLAS 1974), or
(b)) the permit to operate high speed craft in accordance with paragraph 1.9.3 in
The International Maritime Organisation (IMO)
maritime safety Committee resolution MSC 36 (63) (1994
International security code) or
According to paragraph 1.9.3 of the IMO Maritime Safety Committee resolution MSC
97 (73)-(2000 HSC Code for International Security
high-speed vessels). Law (2008:1378).
Determining authority
section 7 a decision under paragraphs 1 to 6 will be announced by the Transport Agency
or other authority that Government provides.
The decision shall state the reasons for the ban and
on the measures to be taken for rectification. Law (2008:1378).
section 8 if such initial control or initial inspection,
that must happen before a ship referred to in Chapter 5. 11 § is put in
traffic, causing a ban against travel in accordance with 1, 2 or 3 sections
or a prohibition on the use in regular service in accordance with section 6,
such a decision shall be taken within one month of the initial
the inspection.
§ 9 the authority has banned a ship voyage or
banned any ship from entering the Swedish port, where the ship
is within the territorial waters of Sweden, immediately notify
the decision, to the Police, the customs service, the maritime administration,
The coast guard and the ports concerned. Law enforcement and
The coast guard shall, if necessary, take measures to
prevent a breach of the ban. The maritime administration shall make
in the Ordinances for the trip that is for
the work.
If the vessel is under customs control, the customs service does not
allow it to step down. Customs Service may also occasionally take
care of the ship's nationality Act, when it is needed
to prevent the departure of the vessel.
If the prohibition applies to a Swedish vessel
abroad, the master is obliged to, at the request of a
Swedish foreign mission leave the ship's nationality Act
to the authority. Law (2014:733).
section 10 to ensure a prohibition under section 1 of the other or
the third paragraph, the authority which notifies the decision also
decide on seals or other switching off appliances
or areas that are flawed. Such a decision
enforced by the authority.
Injunction
section 11 if there is a deficiency referred to in paragraph 1 or 2 or
If a requirement for the regular services referred to in paragraph 6 are not
true, but there are not enough reasons to notify a
ban, the Agency may instead submit to the ship's owner
or owner to remedy the deficiency or meet the requirement within
certain period of time.
section 12 in respect of the master or those who have security responsibilities at
vessels under the work environment Act (1977:1160), a government agency that
referred to in paragraph 7 of the Office actions needed to
provisions on the work of these laws or in
regulations issued pursuant to them shall
be complied with.
In an injunction against those who have security responsibilities referred to in Chapter 3.
8-10 of the Act, he or she will also be required to
provide warning information or to withdraw the product.
The contents of such an order must correspond to what
specified in §§ 14-18 product safety Act (2004:451). What is being said
where if the manufacturer shall instead refer to the person who has
protection responsibilities under Chapter 3. 8-10 of the Act.
Act (2004:468).
section 13, If a person who has received a notice under section 11 or 12
do not follow it or not can be informed of the injunction
but such a delay that compromises the purpose of it, may
the Agency let execute the action on his or her
the expense. This is true even if immediate action is required, but it
not to be expected that the operation will be taken by the
the injunction is addressed.
Failure to adhere to an injunction on the use of a
vessels referred to in Chapter 5. section 11, shall decide to
the vessel may not be used in regular service.
VITE
section 14 A prohibition decision or notice under this
Chapter may be subject to a penalty.
Chapter 7. Appropriations
Sea areas and zones
section 1 of the Government may provide for the sea areas
to be included, and the extent of the different areas.
The Government may also provide for the right of
The Transportation Board to determine in specific cases to a
the ship's sea area shall have a different scope than what follows
of regulations that have been issued with the support of the first
the sentence.
The Government or the authority that the Government may
provide for the zones to be included and which
inland waterways should be included in each zone. Team (2013:986).
Seaworthiness, etc.
section 2 of the Government or the authority that the Government
determines may provide for
1. how a ship shall be designed, built, equipped
fully able to it pursuant to Chapter 2. paragraph 1 shall be deemed to
be seaworthy,
2. obligation to record information about the occupants of
passenger ships,
3. loading, unloading, minimum freeboard,
freeboard marks and securing of cargo that has not yet been
on board,
4. shipping companies and ship safety management, and
5. obligation for shipowners, masters and the like
authorised to on behalf of the shipowner provide information
to
a. report the accident or incident occurred or
illness in addition to maritime law (1994:1009)
b. report the damage or actions taken that have
importance of a vessel's seaworthiness;
c. provide details ahead of the arrival of a vessel to a port
or anchorage,
d. provide information in situations where weather or
sea conditions are so unfavorable that the means
serious risk to humans or the environment, and
e. provide information in situations where the ice conditions means a
serious threat to human life at sea or to
the protection of own or other States ' sea-or
coastal areas. Law (2010:1360).
Certificates and documents, etc.
section 3 of the Government or the authority, as the Government determines
may provide for the
1. vessels, in addition to the certificates referred to in this law, shall have the
certificate or certificate of any particular relationship as defined
in this Act or in the regulations issued on the basis of
the law,
2. foreign ships for navigation within Sweden's territorial waters
must have certificates issued by the competent foreign authority
or equivalent documents;
3. foreign shipping companies, engaged in shipping, with Swedish vessels
or use another ship to shipping in Swedish
territorial waters, to have a document of compliance
safety management issued by a competent foreign
authority or an equivalent document, as well as
4. ships other than those specified in Chapter 3. section 9 may be used to
shipping only if the company has a document of compliance
Security Organization and the ship is provided with a
certificate of compliance.
The Government or the authority that the Government may
also provide for the labelling of ships with IMO
identification number and if such acts with
the ship's history to be found on board ships.
Law (2009:59).
3 a of the Government or the authority, as the Government determines
may submit to the natural or legal persons that
issue certificates concerning the training of maritime personnel.
A decision on surrender in accordance with the first subparagraph,
withdrawn, if:
1. Authority issues certificates in violation of any applicable
regulations or otherwise showing themselves unfit to
perform the task, or
2. the conditions that existed when the decision was announced in
any material respect no longer exist.
Team (2013:127).
Staffing
section 4 of the Government or the authority, as the Government determines
may provide for
1. the staffing,
2. vision and hearing requirements of Chapter 2. paragraph 5 and
health assessment and medical certificates relating to these requirements,
3. the safety crew to be established for other
vessels other than those referred to in Chapter 3. section 10,
4. Memorandum of decision pursuant to Chapter 3. section 14 and intelligence
If such decisions,
5. requirements for the staffing needed from
maritime safety point of view (temporary provisions) for ships
should not have security in accordance with Chapter 3. section 10,
6. permission to bring the vessels or to have position on
vessels as well as fees to the State for examination of an application for
evidence of formal qualifications and other case management relating to the correct
bringing ships or serve on ships, as well as
7. exemption from requirement in Chapter 3. section 16 of the ship's owner
or owners should hire them as part of the security crew
and belongs to the deck or engineer staff.
The Government or the authority that the Government may
also in special cases safety crew or
communicate staffing regulations for ships other than those
referred to in Chapter 3. section 10 of the first paragraph. Law (2010:1567).
Working environment
section 5 of the Government or the authority that the Government may
provide for
1. the working environment and the Commander's general obligations
If the working environment,
2. work performed by minors pursuant to Chapter 4. section 7 other
subparagraph,
3. the safety representatives and safety Committee, and
4. Memorandum of decision pursuant to Chapter 4. 12 and 13 sections and
notifications of such decisions.
Appropriations to provide for ship work in
issues covered by the Working Environment Act (1977:1160) is found in the
the law.
Supervision, etc.
section 6 of the Government or the authority, as the Government determines
may provide for
1. regulatory Ordinances and inspection books,
2. derogation from the restriction set out in Chapter 5. section 9 first
subparagraph, provided that the
European Parliament and Council directive 2009/16/EC of 23
April 2009 on port State control,
3. review and approval of the drawings, and the
drawings shall be filed,
4. fees to the State for
a) supervision of vessels,
b) supervision of shipping and ship safety management;
c) supervision of activities related to permissions
naval personnel,
d) testing and review of materials and equipment to
ships, as well as
e) review of drawings to the ships,
5. pilotage dues and obligation to hire pilots,
6. the obligation to provide the data necessary for the
the supervisory authority shall exercise supervision pursuant to this
law or by regulations issued pursuant
the law, as well as
7. the obligation of the owner or owner to replace
costs associated with the detention of the ship
has been made under this Act or the regulations that have
issued by virtue of law. Law (2011:98).
Expulsion from Swedish ports and ban to enter Swedish ports
section 7 of the Government may notify such provisions on expulsion
from Swedish ports and ban for ships calling at Swedish ports
laid down by a directive or a regulation adopted
within the European Union or of any international agreement
as Sweden has concluded. A decision on expulsion and
a prohibition to enter may be subject to a penalty. Law (2012:355).
Special rules for certain vessels, and exemptions from the Act
section 8 of the Government or the authority that the Government may
for fishing vessels and other vessels which are of particular
nature Info Special regulations on the issues
processed in 2-Chapter 5. Government or authority
the Government may also order such vessels of individual
cases, grant derogations from the provisions of this chapter.
§ 9 the Government or authority the Government determines
get
1. provide for or in individual cases to decide on
exceptions to the
(a)) the specific requirements for use of the vessels referred to in Chapter 3.
1 – 9 sections, and
b) requirement of specific adaptation of the seafarers diet
According to Chapter 4. paragraph 5, first subparagraph, second sentence, and
2. with regard to certain vessels provide for or
decide on derogations from the obligation laid down in Chapter 5. section 26 of the
submit drawings. Law (2012:476).
section 10 of the Government or the authority, as the Government determines
may provide special rules derogating from
the provisions of Chapter 4. for agencies that operate
in accordance with the Act (1992:1403) on total defense and height
preparedness.
Mission to organizations, etc.
section 11 of the Transport Board may entrust a recognised
Organization to issue and renew certificates other than
Community inland navigation certificate, and that in such a
purpose determine the minimum allowed freeboard.
The contents of the assignment shall be governed by a contract.
The agreement may include a restriction on the State's right to
claim compensation from the Organization for damages which
the State has been ordered to pay because of the Organization's
causation. Such a restriction is consistent with what
specified in this respect in the European Parliament and of the Council
Directive 2009/15/EC of 23 april 2009 on common rules
and standards for ship inspection and survey organisations
exercise and for the relevant
activities of maritime administrations.
The Government or, by authority of the Government,
The Swedish Transport Agency may Commission any other than a recognized
Organization to issue and renew certificates only
equipment for ships and personal protective equipment, as well as
provide or for particular cases decide that such
the certificate shall have the same force as certificates issued
of the Transport Agency. Team (2013:986).
11 a of the Transportation Board may entrust a recognised
classification societies to issue and renew
Community inland navigation certificate. About the ship
exclusively in inland waterways in Sweden,
The Swedish Transport Agency instead assign the data to an
recognised organisation. Team (2013:986).
section 12 of the Government may decide that a Swedish foreign mission
the intervention of outside Sweden. The Government may also
provide for the supervision of certain categories of ships, some
equipment or certain conditions on Board shall be exercised by a
in particular, the court-appointed supervisor.
section 13 Transport Board and the Swedish diplomatic offices that have
appointed to exercise the supervision of vessels may instruct
1. Swedish experts to implement regulatory Ordinances
outside Sweden,
2. Swedish or foreign experts to assist in such
Ordinances.
The compensation of experts referred to in this section shall be paid by
the shipowner. Law (2008:1378).
Chapter 8. Liability provisions
Penalty
section 1 to a fine or imprisonment not exceeding one year are judged on that
intentionally or negligently violates
1. a ban pursuant to Chapter 6. 1-3 paragraphs against a ship voyage or
the use of a device for work or other
given in Chapter 6. paragraph 1 of the second or third subparagraph,
2. the prohibition referred to in Chapter 6. section 6 the use of vessels in
regular services,
3. a ban, according to a regulation issued on the basis
of Chapter 7. section 7 for port access,
4. an order issued pursuant to Chapter 6. 11
or section 12.
If a prohibition or injunction referred to in the first subparagraph is
coupled with a penalty, the offender shall not be sentenced to
liability.
2 § to fine or imprisonment not exceeding six months sentenced
1. anyone who intentionally supply incorrect information to get
a document of compliance or a
certificates issued according to this law, pursuant to the provisions
given under Chapter 7. section 3 or under
Regulation (EC) No 336/2006, or to get the validity
of such document or certificate is extended,
2. the shipowners and captains who, intentionally or negligently:
using a ship to shipping without having a paper on
compliance, a certificate or other
document shall be issued for the shipping company, the ship, its
equipment, loading or security organisation under this
law, in accordance with regulations issued under the law
or in accordance with Regulation (EC) No 336/2006,
3. shipowners and masters who, intentionally or negligently:
use a vessel or its equipment in violation of any
provision of a document of compliance,
a certificate or other document referred to in 2,
4. shipowners and masters who, intentionally or negligently:
using a ship to shipping but it is equipped with
required freeboard marks,
5. shipowners and masters who, intentionally or negligently:
fails to do what is reasonably necessary to
prevent it from being included in the safety crew and
belongs to the deck or engineer hired staff without permission
by someone other than the Manager or owner,
6. masters who willfully or by gross negligence
in front of a ship in combat with what applies in the case of
safety crew or manning regulations;
7. owner who willfully or recklessly fails
to do what is reasonably necessary to prevent the
the ship performed contrary to what applies in the case of
safety crew or manning regulations;
8. owner or owners who, intentionally or negligently:
failing to ensure that the ship is under supervision, or
owner who willfully or negligently fails to see
to shipping are subject to supervision according to this law,
According to regulations issued by virtue of law or
According to Regulation (EC) No 336/2006,
9. a person who willfully or negligently fails to
hire a pilot when he or she is obliged to do so because
of a particular regulation, and
10. a person who willfully or negligently violates a
Regulation on the obligation to provide information which has been communicated to
with the backing of the chapter 7. paragraph 6 6. Law (2009:59).
3 § to fine convicted
1. masters who intentionally or negligently uses a
ship to shipping in violation with a loading code has
issued under Chapter 7. paragraph 2, unless the offence is minor,
2. the shipowners and captains who, intentionally or negligently:
breach of a regulation on the registration of persons on Board on
passenger ship that has been issued pursuant to Chapter 7. section 2,
3. masters and engineering manager who deliberately or
negligently failing to fulfil what he or she is under 2
Cape. section 6, second paragraph, and article 7, second paragraph imposed on making
before a trip begins;
4. masters who intentionally or negligently fails
to ensure that incoming workers become aware of
the ship, basic safety provisions or measures
in the accident referred to in Chapter 2. paragraph 6 of the third subparagraph,
5. masters who negligently operating a vessel in contravention of
What applies in the case of security crew or
staffing regulations, unless the offence is minor,
6. owner who negligently fails to do what
reasonably required of him or her in order to prevent
the ship performed contrary to what applies in the case of
safety crew or manning regulations, if not
the offense is minor,
7. any person who intentionally or negligently providing services on a
ship's master, technical director or responsible for guard
without possession of the privileges that are prescribed in the
safety crew decision or in staffing regulations,
unless he or she has resided in the position due to
of a sudden illness or other similar event,
8. masters who willfully or negligently violates 4
Cape. section 7 or against regulations given under 7
Cape. paragraph 5, first subparagraph,
9. Commander who willfully or negligently fails to comply
their obligations in relation to food and water and housing and
health conditions in accordance with Chapter 4. section 6,
10. masters who deliberately orders work in contravention of a
decision of a safety officer pursuant to Chapter 4. section 12 without any
such reasons as set out in Chapter 4. section 13, if thereby the
interest in protection on board are carried out properly
clear overrides,
11. a person who willfully or negligently fails to comply with its
obligations with regard to the drawings of a vessel under 5
Cape. section 26 or the document of compliance,
Prudential Financial and the certificate or other document in accordance with Chapter 5.
section 30,
12. in cases other than that stated in section 2 1 intentionally or
negligently, supply incorrect information to a
supervisory authority in the performance of the obligation in accordance with Chapter 5.
section 20, second paragraph, second paragraph of section 21 or section 24 or otherwise
in the case of a measure imposed by the authority, and
13. a person who willfully or negligently fails to comply with a
notification or obligation to provide data laid down in
under Chapter 7. 2 § 5. Act (2004:416).
paragraph 4 of the rules relating to liability for infringements of the provisions
of professional secrecy in Chapter 9. § 5, see Chapter 20. section 3 of the Penal Code.
§ 5 liability under this Act shall not be convicted of the offence
is subject to stricter penalties in the criminal code or the maritime law
(1994:1009).
Forfeiture
section 6 has an offence referred to in this chapter an appliance
or a substance used in contravention of a prohibition under Chapter 6. 1 §
the second or third subparagraph, such property is explained
forfeit, unless it is manifestly unfair.
Instead of the property, its value is declared forfeited.
Competent court
section 7 Objectives of responsibility and forfeiture under this law or under
regulations issued under the Act are handled by
Court which has jurisdiction pursuant to the provisions of Chapter 21. 1 and
8 § § maritime Act (1994:1009).
Chapter 9. Other provisions
Decision
§ 1 a decision under Regulation (EC) No 336/2006, under this
law or by regulations issued pursuant to Chapter 7.
section 7 of this Act shall be effective immediately, unless otherwise decided.
Law (2012:355).
Depth gauges and appeal
2 § has a prohibition decisions pursuant to Chapter 6. 1, 2 or 3 sections
granted by an authority other than the Transport Agency, shall
it immediately be submitted to the Board.
A decision shall be submitted to the Transport Board may not
subject to appeal. The same applies to a decision rendered in
The transport agency and who, according to what the Government provides,
shall be subject to any within the Board. Law (2008:1378).
paragraph 3 of the decision under this Act, or pursuant to Regulation (EC)
No 336/2006 which should not be subject to any appeal may be brought before
1. with the Swedish Transport Agency, whether the decision has been issued by a
foreign mission,
2. with the Government, if the decision relates to a ship's manning
or a consent referred to in Chapter 3. 16 section,
3. in the Administrative Court in cases other than those referred to in
1 and 2.
Leave to appeal is required for an appeal to the administrative court.
Law (2009:59).
4 section to take advantage of workers ' interest, a
decisions under this Act or in accordance with Regulation (EC) no
336/2006 appeal by a head protection officers or, if either
such agents are not present, by another protection officer. Even a
employee organization may appeal a decision to the extent that
matters relating to members ' interest.
If the right to those referred to in the first subparagraph to appeal
decisions under the work environment Act (1977:1160) contains provisions
in the Act. Law (2009:59).
Professional secrecy
§ 5 The who has taken the position of supervision according to this law
or in accordance with Regulation (EC) No 336/2006 or designated as
protection officer or member of the Security Committee shall not
improperly disclose or make use of what he or she is in
the mission, or in their service have been told about
professional secrets or working procedures or otherwise if
individuals ' financial or personal relationships or
the data needed for national security.
In the public activities should apply the provisions of
public access to information and secrecy (2009:400) instead of
the first paragraph. In the case of the one safety representative or
a member of the Security Committee on the ship in the public
activities should apply 10 Cape. 1-14 sections and 12 Cape. section 2 of the
public access to information and secrecy. Law (2009:501).
Transitional provisions
2003:364
1. This law shall enter into force on 21 July 2003, when
Ship Safety Act (1988:49) shall cease to apply.
2. the repealed law (2009:59).
3. If a vessel under a provision of this Act shall have a
certificates that have not been required, the certificate
be issued by 21 July 2008.
4. For damage that occurred before the entry into force of this Act are
Ship Safety Act (1988:49).
5. A regulation has been issued with the support of
Ship Safety Act (1988:49) and in effect at the
the entry into force of this law shall still apply and, if
the application shall be deemed to have been issued under this Act.
6. where a law or a regulation referred to
a regulation has been replaced by a provision of this Act,
Instead the new regulation.
7. If the concept of machine head appears in a law or in another
Constitution to the concept referred to technical director in accordance with
This law.
2008:1378
This law shall enter into force on 1 January 2009. In the application
of 7 a of the administrative judicial procedure Act (1971:291) shall
Transport Board be individual counterparty.
2013:986
1. this law shall enter into force on 1 september 2014.
2. for vessels at entry into force has valid certificates
for the current speed, the law is applied when the certificate
validity has expired, but not later than from the date of on december 30
2018.
