Federal Law on Directorate of Maritime Affairs

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 1A

 

 

 

 

 

 

 

 

 

 

 Federal Law on Merchant Shipping (Directorate of Maritime Affairs)

 


 

 

It is hereby provided as follows-

 

Short Title

 

1.        This Law may be cited as the Federal Law on Merchant Shipping (Directorate of Maritime Affairs).

 

Interpretation

 

2.(1)   In this Law, unless the context otherwise requires–

          

           “Cyprus” means the United Cyprus Republic;

 

“Cyprus ship” has the meaning assigned to it by the Federal Law on Merchant Shipping (Registration of Ships, Sales, and Mortgages);

 

“Department” means the Department having the responsibility for maritime affairs;

 

“Directorate” means the Directorate of Maritime Affairs of the Department;

 

“Director” means the head of the Directorate;

 

“Federal Government” means the Federal Government and includes the Transitional Federal Government, referred to in Article 41 of the Constitution of the United Cyprus Republic,

 

“Gazette” means the federal Official Gazette;

 

“Maritime Office” means an office of the Directorate established in the Island of Cyprus;

 

“Member” means the member of the Presidential Council responsible for the Department;

 

“Overseas Maritime Office” means an office of the Directorate established abroad;

 

“Prescribed” means prescribed by a public instrument;

 

“Presidential Council” includes the Transitional Federal Government referred to in Article 41 of the Constitution of the United Cyprus Republic;

 

“Public instrument” means Regulations and Orders, published in the Gazette, and Instructions, Directions, Notices, Notifications and Circulars made or issued under this Law.

 

(2)       This Law is subject to the provisions of the Federal Law on the Public Service.

 

Purpose of this Law

 

3.        The purpose of this Law is to regulate the functioning of the Directorate and the functioning of two sub-offices of the Directorate one located at the Port of Limassol and one at the Port of Famagusta..

 

Mission of the Directorate

 

4.        The mission of the Directorate is-

 

(a)         the development of legislation and through such legislation the implementation of policies of the Federal Government relating to merchant shipping;

(b)         the regulation and performance of functions relating to the registration of ships in Cyprus or under the Cyprus flag, utilizing two ports of registry, one at the Port of Limassol and one at the Port of Famagusta;

(c)         the regulation of and the supervision exercise of effective control over of matters relating to the safety of life and of property at sea;

(d)         the regulation of and the supervision exercise of effective control over of matters relating to the security of ships and or port facilities;

(e)         the regulation of and the supervision exercise of effective control over of matters relating to the prevention of pollution of the environment from ships;

(f)          the regulation of and the supervision exercise of effective control over of matters relating to provision services in connection with the search and rescue of persons lost at sea;

(g)         the regulation of and the supervision exercise of effective control over of matters relating to the safety of navigation;

(h)         the regulation of and the supervision exercise of effective control over of matters relating to maritime education, training and certification of seafarers;

(i)           the regulation of and the supervision exercise of effective control over of matters relating to the living and working conditions of seafarers;

(j)           the provision of support and advisory services relating to the development and improvement of tourist activities in the marine environment of Cyprus;

(k)         the enforcement of the provisions of the relevant Federal Laws, of the acquis communitaire of the European Union relating to the maritime transport sector and of the international treaties relating to the international maritime transport to which Cyprus is party to;

(l)           the provision of support and advisory services relating to the organisation, protection, improvement and development of the maritime industry in Cyprus;

(m)        the continuous updating of the maritime legislation with the timely adoption of international instruments and the of the acquis communitaire of the European Union;

(n)         the promotion of Cyprus as a register of ships;

(o)         the promotion of Cyprus as an international shipping business centre;

(p)         any other matter assigned to the Directorate by a decision of the Presidential Council or of the Member.

 

Function and Duties of the Directorate

 

5.        In addition to the specific functions and duties imposed on the Directorate as the Competent Authority by the relevant Federal Laws, the Directorate, without prejudice to the generality of its mission, shall inter alia-

 

(a)         participate in the work of the International Maritime Organisation, of the International Labour Organisation and of other inter-governmental organisations in whose competencies fall matters relating to maritime affairs or shipping;

(b)         participate in the work of the European Union, the European Commission  and of other bodies on matters relating maritime affairs or shipping;

(c)         promote the services provided by Cyprus in the international maritime transport sector;

(d)         provide services to seafarers intending to serve, or serving, on Cyprus ships;

(e)         provide services to owners and Companies of Cyprus ships;

(f)          provide services to financial institutions, lawyers, advocates, solicitors, notaries and others in connection with Cyprus ships;

(g)         supervise and monitor the work of inspector of Cyprus ships abroad appointed under the relevant Federal Laws;

(h)         supervise and monitor the work of recognised organisations and of recognised security organisation appointed under the relevant Federal Laws to act on behalf of Cyprus;

(i)           liaise and consult with ship owners, ship managers, ship agents and seafarers unions and associations or any other associations which have a bearing or an interest in its functions, duties or activities;

(j)           liaise and consult with any other Department or Office of the Federal Government, or with either or both of the constituent States;

(k)         provide any other service or take any other actions which may be, from time to time, necessary for the better implementation of the relevant Federal Laws or which may be necessary to protect or safeguard Cyprus or Cyprus ships or citizens of Cyprus;

(l)           perform at the request of a constituent State, with the approval of the Presidential Council any other functions or duties on behalf of the requesting constituent State.

 

Management Team

 

5A (1) The Directorate’s Management Team shall consist of six persons, namely, the Director, two sub-Directors, one of which will be located at the Directorate’s office in the Port of Limassol and one of which will be located at the Directorate’s office in the Port of Famagusta, and three additional sub-Directors who will be located either in the head office of the Directorate or at other locations as determined by the Directorate. A quorum shall be obtained by the presence of four members of the management team.

 

(2) Together the Management Team shall consider matters related to policy, the allocation of resources, procedure regarding quality management and productivity, review of performance, staff and training as related to all the Maritime and Shipping Laws. Policy decisions should be reached by the Management Team by consensus. If no consensus is achieved, decisions shall be taken by majority vote, with at least one person hailing from each constituent state voting in favour. If a deadlock persists for two consecutive meetings, the matter shall be referred to the Member, who may take a decision himself or refer it to the Presidential Council

 

(3) In this respect, the Management Team shall, amongst other subjects;

 

(a)         determine the participants to IMO, MOU, ILO, EU and other international organisations’ meetings;

(b)         propose the establishment of maritime offices in Cyprus and overseas when and where necessary;

(c)         establish any functional body/committee mentioned in the Federal Laws related to maritime affairs;

(d)         approve the draft of any law or regulation deemed necessary;

(e)         submit proposals to the Member for the adoption by the Presidential Council or the Parliament of implementing legislation for international conventions or EU instruments;

(f)          suggest to the Member or Parliament, the signing of bilateral agreements with foreign countries;

(g)         develop policies of the federal government relating to maritime affairs;

(h)         accredit educational institutions;

(i)           submit proposals to the Member for the recognition and authorisation of surveyors, recognised organisations and marine training schools;

(j)           review the rotation and training of the professional staff, secretariat and supporting staff in the Directorate;

(k)         prepare the budget of the Directorate;

(l)           approve the drafting of legislation on any kind of taxes and fees related to maritime affairs;

(m)        propose to the Member impartial external organisations for carrying out audits of notified bodies;

(n)         determine the terms and conditions of bank guarantees and evidence of insurance ;

(o)         propose to the Member the revocation of the Cyprus nationality of ships;

(p)         propose to the Member the appointment of examiners.

 

(4) The Management Team should not be occupied with operational decisions that fall within the discretionary powers of the Director.

 

Supervising Authority

 

6.        The Member shall be the supervising authority for all matters under this Law.

 

Staff of the Directorate

 

7.(1)   The Directorate shall consist of the Director, two sub-Directors, one of which will be located at the Directorate’s office in the Port of Limassol and one of which will be located at the Directorate’s office in the Port of Famagusta, three additional sub-Directors who will be located either in the head office of the Directorate or at other locations as determined by the Directorate, professional staff, secretariat and support staff and shall be organised in accordance with an organisational structure which is deemed appropriate for its efficient and effective functioning.

 

(2)       The Director shall be the head of the Directorate.

 

(3)       The professional staff of the Directorate shall be appointed taking into consideration the qualifications required from time to time for the effective carrying out of its functions

 

(4)       The secretariat and support staff of the Directorate shall be provided by the Federal Government on the basis of the requirements established by the Directorate and approved by the Member.

 

(5)       All the officers and staff of the Directorate shall conduct their duties on a non-discriminatory basis and the Directorate shall provide equal opportunities to all irrespective of where the officers and/or staff hail from.

 

Duties of the Staff of the Directorate

 

8.(1)   The professional staff shall perform the functions and duties assigned to them, in accordance with their schemes of service, under the relevant Federal Laws and shall perform any other functions and duties assigned to them by the Director.

 

(2)       The secretariat and support staff shall perform the functions and duties, in accordance with their schemes of service, assigned to them by the Director.

 

(3)       The officer(s) of the Directorate stationed at the Overseas Maritime Office in London shall, in addition, under the Permanent Mission of Cyprus to the International Maritime Organisation, act as representatives of Cyprus to that Organisation and, under the Cyprus High Commission in London, act as representatives of Cyprus to the International Oil Pollution Compensation Funds of 1971 and of 1992 and as representatives to the International Mobile Satellite Organisation on matters which are within the competency of the Directorate.

 

(4)       The officer(s) of the Directorate stationed at the Overseas Maritime Office in Brussels shall, in addition, under the Permanent Delegation of Cyprus to the European Union, act as representatives to the European Union and the European Commission on matters which are within the competency of the Directorate.

 

Offices

 

9.(1)   The Head Office of the Directorate shall be located in Nicosia or at any other place within the Island of Cyprus as determined by the Presidential Council.

 

(2)       There shall be two permanent sub-offices of the Directorate, one located in Limassol and one located in Famagusta.

 

(3)       The Directorate shall establish such other Maritime Offices as may be, from time to time, necessary for the execution of any functions or duties assigned to the Directorate by this Law and any other Federal Law which prescribes the Directorate as the Competent Authority.

 

(4)       The Directorate shall establish such Overseas Maritime Offices as may be, from time to time, necessary for fulfilment of its[mission and for the execution of its functions and duties. Such Overseas Maritime Offices shall be maintained or established under Diplomatic Missions or Consular Posts of Cyprus.

 

(5)       The Overseas Maritime Offices shall function within the framework established by the Department of Foreign Affairs and the Department of European Union Affairs, as the case may be.

 

Official Languages

 

9B.(1) Notwithstanding the provisions of Article [9] of the Constitution of the United Cyprus Republic [and][or] the provisions of any Federal Law on [Official Languages] and subject to the provisions of the following sub-sections, the [working][official] language of the Directorate shall be the English language.

 

(2)       The Directorate shall address all Cypriot citizens in the language it is being addressed by them.

 

(3)       Information, instructions, directions and notices addressed only to Cypriot citizens, resident in Cyprus, shall be promulgated and published in the Greek and Turkish languages.

 

(4)       Information, instructions, directions and notices addressed to masters, owners and Companies of Cyprus ships, recognised organisations, recognised security organisation and inspectors of Cyprus ships shall be promulgated and published in the English language only.

 

(5)       Information, instructions, directions and notices addressed to masters, owners and Companies of foreign ships, whilst within the territory of Cyprus, and their agents in Cyprus shall be in the English language only.

 

(6)       Communications, correspondence and orders of the Directorate addressed to Cypriot citizens, resident in Cyprus, shall be in the Greek and Turkish languages, as appropriate.

 

(7)       Communications, correspondence and orders of the Directorate addressed to masters, owners and Companies of Cyprus ships, irrespective of where such ships may be, shall be in the English language only.

 

(8)       Communications, correspondence and orders of the Directorate addressed to masters, owners and Companies of foreign ships, whilst within the territory of Cyprus, and their agents in Cyprus shall be in the English language only.

 

(9)       Communications and correspondence of the Directorate when addressed to Greek Cypriot constituent State shall be in the Greek language and when addressed to Turkish Cypriot constituent State shall be in the Turkish language.

Provide, the Directorate, when responding to a communication or correspondence received from one of the constituent States, shall send to the other constituent State a copy of the communication or correspondence it has received, in the language it has received it, and a copy of its response in the appropriate language of that constituent State.

 

(10)    Oral and written examinations conducted by the Directorate, when these involve Cypriot citizens, shall be done in the Greek and Turkish languages. In all other cases these shall be done in the English language.

 

(11)    The register of ships, the record of small crafts and the quality management system, the internal procedures, the internal instructions and internal communications of the Directorate shall be in the English language only.

 

(12)    The certificates and documents issued to Cyprus ships, which do not operate exclusively within the territory of Cyprus and the documents, certificates and endorsements issued to seafarers, serving or intending to serve on such ships, shall be in the English language only.

 

(13)    The certificates and documents issued to ships and crafts, which operate exclusively within the territory of Cyprus and the documents and certificates issued to persons in charge or serving or intending to serve on board such crafts shall be in the Greek and Turkish languages.

 

Quality Assurance

 

10.      The Directorate shall establish and maintain a quality management system.

 

Training and Development of Professional Staff

 

11.      The Federal Government shall ensure that the professional staff of the Directorate receives appropriate training as it may be necessary, from time to time, to ensure that they remain abreast of development relating to their duties and responsibilities and competent to perform them in an adequate manner.

 

Supplementary Provisions

 

13.      The Federal Government shall ensure, as soon as possible after this Law comes into effect, that all the Turkish Cypriots named on the attached Schedule(s) are provided with opportunities and with the necessary means to attend appropriate internal training programmes, as well as, training programmes provided by educational institutions functioning under the auspices of the International Maritime Organisation or the European Union or other appropriate seminars, workshops or training programmes as to enable the Directorate to satisfactorily complete audits, without non-conformities, by the European Commission, the European Maritime Safety Agency, the Paris Memorandum of Understanding on Port State Control or any audits under the IMO Audit Scheme.

 

Regulations

 

14.      The Presidential Council may make Regulations for prescribing or regulating any matter, which, needs to, or may, be prescribed or regulated.

 

Savings

 

15. Any  statutory certificate granted to any ship by any authority in Cyprus prior to the entry into force of this Law, continues to be valid under this Law until its expiry or replacement, if the said certificate is recognised as valid under Article 12 of the Foundation Agreement. 

 

In the case of replacement, its replacement by the Directorate of Maritime Affairs shall be free of charge and its previous version shall be delivered to the said Directorate for destruction.    

 

16.  Notwithstanding the provisions of section 97(2) of the Federal Law on Merchant Shipping ( Registration, Mortgages and Sales ) with regard to certificates of registration ,  any certificate , plan, manual, study , licence , permit  booklet , training document and any other similar document, granted to any ship  or seafarer serving aboard such ship, or to any other vessel recorded in Cyprus by any authority in Cyprus prior to the entry into force of this Law, continues to be valid under this Law until its expiry or replacement, if the said certificate is recognised as valid under Article 12 of the Foundation Agreement. 

 

In the case of replacement, its replacement by the Directorate of Maritime Affairs shall be free of charge and its previous version shall be delivered to the said Directorate for destruction.    

 

17. (1)  Any circular  made by any authority in Cyprus prior to the entry into force of this Law shall  continue to be valid under this Law  and shall be deemed  as  a federal circular under a new federal numbering, until its expiry or replacement by a  subsequent new federal circular .

 

(2) Any  notification  made by any authority in Cyprus for the implementation  of any European Union instrument dealing with maritime safety prior to the entry into force of this Law,   continues to be valid under this Law  as  a federal  notification until its expiry or replacement by a subsequent  new federal  notification. In such a case , the said notification shall be deemed as a federal notification issued for the purposes of the corresponding Federal Law on Merchant Shipping  which transposes the relevant European Union instrument .

18. (1) All  Surveyors, Inspectors  and Officers vested with powers by any authority in Cyprus prior to the entry into force of this Law, shall as from the date of entry into force of this Law   be deemed to have the powers vested on them under the specific corresponding Federal Laws on Merchant Shipping .

 

19. All  recognised organisations   and recognised security organisations

vested with powers by any authority in Cyprus prior to the entry into force of this Law, shall as from the date of entry into force of this Law  be deemed to have the powers vested on them  under the specific Federal Laws on Merchant Shipping .

 

20.  Any fees, taxes, fines and other monetary penalties imposed by any authority in Cyprus by virtue of any legislative or administrative act on any ship or on  any owner and/or operator of  such a ship , or on any seafarer serving on board such ship, or on any other vessel recorded in Cyprus or on the owner of such vessel ,  or on any ship manager  operating in Cyprus prior to the entry into force of this Law, and are still due prior to the entry into force of this Law, shall be deemed as from the date of entry into force of this Law, as fees, taxes, fines and  monetary penalties still due  to the United Cyprus Republic by virtue of the provisions of the  corresponding Federal Merchant Shipping Law. In such a case, the Directorate of Maritime Affairs of the United Cyprus Republic may take steps for the collection of the amounts due as a civil debt.