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Regulation (1991:1379) On The Processing Of Maritime Cases To The Judiciary

Original Language Title: Förordning (1991:1379) om handläggning av sjöfartsärenden vid utlandsmyndigheterna

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Introductory provision



section 1 of this Regulation applies to the processing of maritime cases to the

judiciary. With diplomatic offices referred to in the regulation

missions and consular posts.



The regulation shall also apply to honorary consulates when this

specifically stated.



General duties



section 2 of A foreign mission to promote Swedish ships

within the Agency's area of operations, access to the rights

and benefits due to them.



If an Honorary Consulate has received a notice or a

representation of a maritime matter, the Honorary Consulate

forward this to the parent utlandsmyndigheten.



3 § If there is particular reason to it, a foreign mission

investigate whether a Swedish ship shipping documents, staffing,

construction and equipment comply with Swedish rules. If

the deficiencies in any of these respects, or if it can be assumed that lack

see, utlandsmyndigheten shall immediately notify the

The Swedish Transport Agency. Such notification shall also be made, if it comes

back to the master does not comply with its obligations abroad.

Regulation (2008:1211).



Amended classification



section 4 If a foreign mission under Chapter 6. § 9

ship safety (2003:438) has received a

notification that a ship has ceased to hold class in a

such a recognised organisation, as referred to in Chapter 1. paragraph 5 of the

Ship Safety Act (2003:364), utlandsmyndigheten

immediately inform the Transport Board on this.

Regulation (2008:1211).



Distinguishing bytes



section 5 Of Chapter 6. paragraph 8 of the register Regulation (1975:927) follows that a

foreign mission in some cases may issue temporary

nationality documents for the Swedish ships. Such an act may refer to:

a certain drive or a short time.



Transportation Board decides on what action a foreign mission, the

take before a temporary Nationality Act may be issued for a

ships built abroad and who received a Swedish owner. The same

applies, if a Swedish owner of foreign place has acquired a ship of a

foreign owners. Transportation Board also decides on the measures

to be taken when a Swedish vessels of foreign residence ceases to be

Swedish.



When a temporary distinguishing document issued shall

utlandsmyndigheten according to Chapter 6. § 9 ship registry regulation

immediately send a copy of the document to the Swedish Transport Agency.



The provisions of this section also apply to honorary consulates.

Regulation (2008:1211).



Attachment



section 6, If a commander in accordance with Chapter 6. paragraph 13 of the maritime Act (1994:1009) informs

a foreign mission to a Swedish ship have been coated with attachment

or meted out by a foreign authority, utlandsmyndigheten

immediately report this to the authority in which the vessel is

registered and take the measures that determine. The same applies,

If the lien or distraint is lifted. Regulation (1995:173).



Marine casualty



section 7 A foreign mission that becomes aware of an accident

touching on a Swedish vessel shall immediately inform the

The Department of Foreign Affairs and Transport Agency of the incident.



If the ship failed or otherwise fallen into danger, shall

utlandsmyndigheten immediately take action to save the

occupants and, upon request, contribute to the ship

carrier gas. The Department of Foreign Affairs and Transportation the Governing Board shall

be informed of the measures taken. A

foreign mission shall, at the request of the Government offices to obtain

the information SHK requests with support

of the Act (1990:712) accident investigation.



An Honorary Consulate who becomes aware of an incident involving

a Swedish vessel shall immediately inform the

parent utlandsmyndigheten and on request assist this.

Regulation (2008:1211).



Salvage of sjöfynd



section 8 If a commander, according to section 2 of the Act (l9l8:163) with some

provisions for sjöfynd, report to a foreign mission that he salvaged

sjöfynd referred to in section 1 of this Act, shall utlandsmyndigheten immediately

inform the Foreign Ministry about this.



Survey on the damage to the ship or cargo



section 9 Of chapter 18. 22-24 of the maritime Act (1994:1009) follows that a

foreign mission shall appoint inspectors for inspection of damage

on ships or goods at the request of a Swedish shipowner, shipowner

or commander. This applies even if the cargo owner or

cargo underwriters would let inspect the cargo.



If a competent authority abroad has ordered inspectors, shall

utlandsmyndigheten immediately inform the Foreign Ministry about this

and give an account for the other measures adopted.

Regulation (1995:173).



Lake legend



section 10 Of chapter 18. section 10 of the maritime law (l994:1009) stipulates that a foreign mission,

veterinarian designated thereto, after notification, maintain Maritime Declaration for

Swedish ships under the provisions of the maritime legend announcement

(l967:294).



By paragraph 8 of the Lake legend proclamation stipulates that a foreign mission, which

According to chapter 18. section 13, first subparagraph, maritime law has granted deferment of

Maritime Declaration when a Swedish ship sammanstött with another

vessels shall notify the Transportation Board on the moratorium.



A foreign mission shall also inform the Transport Agency, on a

Swedish vessels have sammanstött with a foreign vessel, and

Sea explanation does not come into existence by virtue of chapter 18. paragraph 13 of the third

subparagraph, the maritime law. Regulation (2008:1211).



section 11 of A foreign mission authorized to keep maritime declaration shall

After notification or on request perform this Ordinance also for ships

resident in Denmark, Finland or Norway. Such a maritime Declaration

shall be held, if there is no jurisdiction for foreign mission

the ship's home country within the area and it is not hindered by local

regulations. Utlandsmyndigheten shall apply the provisions of

Sea explanation for Swedish vessels.



Measurement certificate



12 § When a Swedish shipowners or captains report

a change which, according to section 31 of the Ordinance (1982:647) if

tonnage measurement gives rise to an entry in the ship's certificate,

shall utlandsmyndigheten at the State Department request

instructions from the Cabinet Office.



A foreign mission shall, at the request of the Transport Agency

participate in the exchange of a Swedish ship tonnage certificate.

Regulation (2008:1211).



Specific supervisory tasks



13 § Some diplomatic offices have designated to carry out

specific supervisory tasks according to



Chapter 7. section 12 of the ship safety Act (2003:364),



section 12 of the Regulation (1984:831) on the patterning of seamen,



section 2 of the Ordinance (1998:962) on rest time for seafarers,



Chapter 6. section 1 of the Regulation (1980:789) on measures against pollution

from ships.



Supervisory tasks be carried out at the Swedish Transport Agency

request or when the utlandsmyndigheten find it justified.



A foreign mission shall inform the Transport Agency when a

action has been taken in accordance with Chapter 6. or Chapter 7. section 13

ship safety law. A foreign mission, even after a

conducted Enforcement Ordinance inform the Transport Agency and

the ship's owner if the Ordinance in accordance with regulations

as the Transport Board.



In Chapter 9. section 2 of the ship safety law provides for

prohibition decisions pursuant to Chapter 6. 1, 2 or 3 section

submitted to the Swedish Transport Agency. Regulation (2008:1211).



Maritime book



section 14 A foreign mission that has appointed to take action under

15 § mönstringslagen (l983:929) and 9 to 13 of the regulation

(l984:831) on the patterning of the seamen shall report to the Swedish Transport Agency

When a book has been issued or distributed.



The first paragraph also applies when a book is left out of a

passmyndighet except for the Empire.



A book may be disclosed by an Honorary Consulate, if

The Swedish Transport Agency admits that Regulation (2008:1211).



section 15 of the Provisions on the obligation of the diplomatic offices that have

designated to make note in the maritime book on jurisdiction

or special permissions, see Chapter 5. section 1 of the Regulation (l982:892) if

qualifications for seafarers. A foreign mission shall notify the

The Swedish Transport Agency when such an annotation has been entered in a

maritime book. Regulation (2008:1211).



16 repealed by Regulation (1996:899).



Ship's doctor



section 17 Of section 3 of the Regulation (1979:38) where the medical certificates for seafarers

It follows that the Government appoints the doctors except the Empire

to issue medical certificates for seafarers as well as publish a

list of these doctors. A foreign mission, whose

field of activity includes ports such as Swedish ships

regularly call at the Ministry of Foreign Affairs, shall submit to the

proposal for Seaman's doctor and continuously communicate

Department of facts which give rise to changes in the

the list. Regulation (1997:17).



Social assistance for sailors and others.



Article 19 If a worker who is employed in ship work in Swedish

vessels in foreign speed or who have recently left such employment

need financial assistance from a foreign mission for care, maintenance

or journey home, the utlandsmyndigheten leave him such assistance

in accordance with the provisions of §§ 20 and 21.



section 20 about the cost of caring for an ill or injured worker

referred to in article 19 in accordance with the law shall be paid by the

State funds, are utlandsmyndigheten obliged to advance such a cost

reasonable and otherwise leave the worker needed

assistance.



If traveling, health care or maintenance of a worker referred to in


the first subparagraph shall be borne by the employer in accordance with the law

statute or collective agreement and the latter does not fulfil the obligation,

for this purpose, the utlandsmyndigheten leave the worker economic

assistance with reasonable amount and other necessary assistance.



section 21 About a sailor who is insured for any benefit under

Chapter 5. section 9 of the social code as a result of illness or

injury needs medical care and maintenance and there are no

such circumstances referred to in section 20, shall utlandsmyndigheten

advance the cost of this with a reasonable amount.

Regulation (2010:1678).



section 22 If a Swedish seaman or sailor who is a refugee or stateless

and resident in Sweden claims that he does not have its own funds to his or her

keep and there are no such circumstances referred to in 20

and 21 sections, a foreign mission leave the seaman temporarily

financial assistance with the amount deemed reasonable by reference to

the case may be.



section 23 if a foreign sailor who can't get assistance under section 22 has

left his position at the Swedish ships in the country other than their country of origin and

then the victim in distress but that there are some circumstances such as

referred to in section 20, a foreign mission, though it may be considered reasonable, leave

him such temporary financial assistance is judged strictly

necessary. Before the assistance provided shall ensure utlandsmyndigheten

to the requesting cannot get needed the assistance of a

foreign mission of his own country or by local authorities.



section 24 A foreign mission shall, on request, if necessary, the production

If the travel benefits for mariners and other entitled persons or

certify information as a basis for such

Petitions.



A foreign mission shall also, upon request, issue a certificate confirming

seafarers ' tax liability.



section 25 if the cost of a seaman's funeral or fire begängelse,

paid by the employer on a Swedish ship and the master did not

funeral or cremation, utlandsmyndigheten

do this.



Utlandsmyndigheten may also otherwise advance the funds for

burial or fire begängelse of a Swedish sailor or seaman as

where a refugee or stateless and resident in Sweden. Such advances

may be granted only in so far as the seaman's bequeathed assets not

propose. Advance payments will not be, if the action is carried out by a foreign

authority.



Remuneration of honorary consuls



section 26 on compensation for honorary consuls for business expenses in

Maritime Affairs are specific provisions.