Federal Law on Safe Manning, Hours of Work and Watchkeeping

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

Foundation Agreement

Annex III, Attachment 11, Law 6

 

 

 

 

 

 

 

 

 

 

 A Federal Law ON MERCHANT SHIPPING (safe manning, hours of work and watchkeeping)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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The text of this Law is as provisionally agreed between the Parties save for highlighted parts that represent the bridging proposals of the United Nations. 

 

 

 

For the purposes of harmonisation with the Community Act referred to as –

 

“Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the Minimum Level of Training of Seafarers”, (OJ L 136 of 18.05.2001, p. 17-41), as last amended by the Community Act referred to as “Directive 2002/84/EC of the European Parliament and of the Council of 17 November 2003 amending Directive 2001/25/EC on the minimum level of training of seafarers” (OJ L 324 of 29.11.2002 p. 53)  which adopt the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers of 1978 as revised In 1995,

 

 

 

It is hereby provided as follows:

 

Short Title.

1.  This Law may be cited as the Federal Law on Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping).

 

Part I

Preliminary Provisions

 

 

Interpretation.

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

 

 

 

"appropriate certificate" means,

 

 

 

(a)         with respect to Cyprus ships, an appropriate certificate in accordance with the provisions of the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training) ,

 

      (b) with respect to a ship flying the flag of a member state, other    than the United Cyprus Republic, a certificate issued and endorsed in accordance with its legislation, which adopts the Directive,

           

      (c) with respect to third country ships  an appropriate certificate issued and endorsed in accordance with the provisions of the STCW Convention and the STCW Code entitling the lawful holder thereof to serve in the capacity and perform the functions involved  at the level of responsibility specified therein on a ship of the type, tonnage, power and means of propulsion concerned while engaged on the particular voyage concerned;

 

 

"Company" means the owner of the ship or any other organization or person such as the manager or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who on assuming the responsibility has agreed to take over all duties and responsibilities under this Law, the Convention and the Regulations made for their implementation;

 

"Court" means a court of competent jurisdiction;

 

“Directive 2001/25/EC” means “Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum Level of Training of Seafarers”, (OJ L 136 of 18.05.2001, p. 17-41), as last amended by the Community Act referred to as “Directive 2002/84/EC of the European Parliament and of the Council of 17 November 2003 amending Directive 2001/25/EC on the minimum level of training of seafarers” (OJ L 324 of 29.11.2002 p. 53)

 

 

 

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

 

 

 

"Competent Authority" means the Competent Authority provided for in section 6;

 

 

 

"Department" means the department having the responsibility for maritime affairs;

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

 

 

"fishing vessel" means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;

 

 

 

"Gazette" means the federal Official Gazette;

 

 

 

"hazardous cargo" means cargo which is or may be explosive, flammable, toxic, health-threatening or environment-polluting;

 

 

 

"international voyages" are the voyages that take place between the ports of any countries and without limitation as regards the duration and the area;

 

 

 

"master" means any person having the command or charge of the ship;

 

”member state” means a member state of the European Union and a Contracting Party to the Agreement for the European Economic Area, which was signed in Porto on the 2nd of May 1992, as this is amended from time to time.

 

 

 

“Member ” means the member of the Presidential Council heading the Department;

 

 

 

 

"middle area voyages" means the voyages that take place between ports in the area which extends from the North Cape (Norway) to the west towards the Faroe Islands, the British Isles, the European Coast on the Atlantic Ocean and the west coast of Africa down to the Equator. Equivalent are considered those voyages between ports in the Mediterranean, including those in the Black and Red Seas and Europe as well as voyages in the sea area between China, (south of Hong Kong), the Philippines, Indonesia, as well as voyages in the sea area of China (north of Hong Kong), Taiwan, Korea and Japan;

 

 

 

"owner" means the owner of a ship or a share therein registered as such in the Register of Ships of the flag state;

 

 

 

"passenger ship" means a seagoing ship which carries more than twelve passengers;

 

 

 

"prescribed" means prescribed by a public instrument;

 

 

 

"prescribed fee" means the fee prescribed by the Federal Law on Merchant Shipping (Fees and Taxing Provisions) ;

 

 

 

"public instrument" includes regulations and orders published in the Gazette and instructions, directions, notices, notifications and circulars made or issued under this Law;

 

 

 

"rating" means a member of the ship’s crew, other than the master or an officer;

 

 

 

"restricted area voyages" means the voyages that take place between ports in the Mediterranean, the Black Sea, the Red Sea, the Gulf of Mexico, the Caribbean, the Persian Gulf, the Baltic Sea or other similar areas;

 

 

 

"sea-going ship" means a ship other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters, in a distance not greater than three nautical miles from the nearest coast of the United Cyprus Republic or areas where port regulations apply;

 

 

 

"short international voyage" means the international voyage in the course of which a ship is not more than 200 miles from a port or place in which the passengers and crew could be placed in safety, and the distance between the last port of call in the country in which the voyage begins and the final port of destination shall not exceed 600 miles;

 

 

 

 

 

 

 

 

"STCW Code" means the Seafarers' Training, Certification and Watchkeeping (STCW) Code, as adopted by the 1995 Conference of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping of Seafarers 1978, with Resolution 2, as this Code may be in force from time to time in the United Cyprus Republic;

 

 

 

"STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping οf Seafarers, 1978, as amended, and as may be in force from time to time in the United Cyprus Republic.

 

 

 

     (2)  The amendments to be international instruments referred to in subsection (1) do not include amendments excluded from the scope of application of Directive 2001/25/EC, pursuant to Article 5 of Regulation (EC) No. 2099/2002 of the European Parliament and of the council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002), as from time to time amended or replaced.

 

 

 

Trading area.

3. In cases where particular voyages do not fall within the areas which are mentioned in the definitions of the words “restricted area voyages” or “middle area voyages” in section 2 subsection (1) of this Law, the Competent Authority may, after a relevant request and having taken into consideration the particularity and nature of the voyages, as well as the natural characteristics of the area, such as sheltered or protected, the availability of rescue facilities, the duration of the voyage and the distance from the nearest land, define these voyages as restricted or middle area voyages.

 

 

Calculation of total power

of  the ship's engine.

4. For the calculation of the total power of the ship’s engine the following shall be taken into consideration ¾

 

 

(a)       for ships powered by internal combustion engines, the brake power (KW) of the engine, in the case of ships powered by two or more internal combustion engines, the total of the brake power (KW) of the engines, and

 

 

 

 

 

(b)       for ships powered by engines other than internal combustion engines, the shaft power (KW) of the engine, in the case of ships powered by two or more such engines, the total shaft power (KW) of the engines.

 

 

Extent of application.

5.-(1) Subject to the provisions of subsection (2) and except if otherwise prescribed, the provisions of this Law apply to sea-going ships, as regards Cyprus ships, wherever they are, and as regards foreign ships, when in Cyprus waters, with the exception of ¾

 

 

 

 

 

(a)       warships, naval auxiliaries or other ships owned or operated by  the United Cyprus Republic and which engage only in Governmental non-commercial service,

 

 

 

 

 

(b)          fishing vessels,

 

 

 

 

 

(c)       recreational crafts not engaged in trade, and

 

 

 

 

 

(d)       wooden ships of primitive construction.

 

 

 

     (2) The provisions of Part V, sections 34 and 35 of this Law, apply on board Cyprus non-seagoing ships and fishing vessels.

 

 

Competent Authority.

6.  The Competent Authority for the implementation of the provisions of this Law and the Regulations made there under shall be the Directorate.

 

 

 

Part II

Safe Manning of Ships - Composition of Crew –Certificate of Safe manning

 

 

Extent of application of Part II.

7. The provisions of this Part apply only to Cyprus ships, except if otherwise specified herein.

 

 

Responsibilities of Companies and others regarding certificates and documentary evidence of seafarers training.

8.-(1) A Company shall have a duty and must ensure that ¾

 

 

(a)       any seafarer engaged in work on any of its ships holds an appropriate certificate in respect of any tasks which are assigned to him to perform on that ship,

 

 

 

(b)       any seafarer engaged in work on any of its ships has had the appropriate training as prescribed by the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training) Law and holds the relevant certificates documenting his training, according to his duties which are assigned to him on the ship.

 

 

 

 

     (2) A Company shall have a duty and must ensure that the certificates and the documentary evidence of training of a seafarer it intends to employ on board its ships are authentic.

 

 

 

     (3) A Company shall have a duty and must establish and maintain the necessary procedures to ensure compliance with the requirements of this section.

 

 

 

     (4) Nothing in the provisions of this section shall prohibit the assignment of tasks in cases of training under supervision or in case of force majeure.

 

 

Registry.

9. -(1) A Company shall have a duty and must ensure that a seafarers’ registry is kept on board each one of its ships, containing all documentation and data relating to each seafarer employed on each ship, and that such registry is readily accessible for inspection.

 

 

 

     (2) A registry kept pursuant to subsection (1) on board a ship shall contain all the original and appropriate certificates, the documentary training certificates and medical fitness certificates for all seafarers on board the ship. The registry shall be kept in care of the master of the ship or any other person authorised by him for this purpose and shall be presented, whenever required, for inspection to the Competent Authority or any other competent authority of the state of the port where the ship is situated.

 

 

 

     (3) A Company shall have a duty and must keep, outside the ship, a registry containing copies of all documentation, which is kept pursuant to subsection (2) in the registry on board the ship, and, in addition, evidence in relation to the experience, the suitability and ability of each seafarer, in respect of the duties assigned to him. The Company shall at any time have access to the registry kept pursuant to this subsection, and the evidence contained in the registry shall be available for inspection by it.

 

 

Familiarisation of seafarers with their specific duties.

10. A Company shall have a duty and must ensure that a seafarer, on being engaged to work on any of its ships, shall be familiarised with his specific duties and with all ship arrangements, installations, equipment, procedures and ship characteristics that are relevant to his routine or emergency duties.

 

 

Company’s written instructions to the master.

11.-(1) A Company shall have a duty and must issue written instructions to the master of each of its ships, setting forth the policies and the procedures which must be followed to ensure that each seafarer who is newly employed on board the ship shall be given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of his duties, before being assigned those duties.

 

 

 

     (2) The policies and procedures referred to in the above subsection include the following ¾

 

 

(a)       allocation of a reasonable period of time during which each newly employed seafarer will have an opportunity to become acquainted with ¾

 

 

 

 

 

 

 

(i)            the specific equipment which the seafarer will be using or operating; and

(ii)            the ship’s specific procedures and arrangements regarding watchkeeping, safety, environmental protection and emergency procedures, which the seafarer needs to know in order to properly perform the duties assigned to him; and

 

 

 

 

 

(b)       The assignment, to a suitable member of the crew, of the responsibility to provide each newly employed seafarer with all essential information, which he is required to know, in a language which the seafarer understands.

 

 

 

     (3) The Company, the master and each member of the crew which is assigned the responsibility referred to in paragraph (b) of subsection (2), shall have a duty to ensure full implementation of the provisions of this section as well as to take every measure which is necessary, so that each member of the crew can make a knowledgeable and informed contribution to the safe operation of the ship.

 

 

 

Familiarisation training in personal survival techniques.

12. -(1) A Company shall have a duty and must ensure that, all persons employed or engaged on its ships, other than passengers, shall receive approved familiarization training in personal survival techniques or receive sufficient information and instructions, before being assigned shipboard duties, in accordance with the provisions of Part A-VI/1, paragraph 1, of the STCW Code.

 

 

 

     (2) A Company shall have a duty and must establish and maintain policies and procedures to ensure proper compliance with the requirements of the above subsection.

 

 

Effective co-ordination in emergency situations.

13. -(1) A Company shall have a duty and must ensure that the crew on board its ships is in a position to effectively co-ordinate their activities in an emergency situation and to perform duties vital to the safety of the ship or to the prevention or mitigation of pollution.

 

 

 

(2) A Company shall have a duty and must establish and maintain policies and procedures to ensure the proper compliance with the requirements of the above subsection.

 

 

 

 

 

 

 

 

On-board

Communication.

 14.(1) Without prejudice to subsections (2) to (4), every Company has a duty and must ensure that the members of personnel on board every passenger ship, which is flying the flag of the  United Cyprus Republic or that of a member State, are in a position to communicate by the use of a common language or a working language for the purpose of an effective coordination in emergency situations.

(2) The company, shall determine the common language or the working languages. Each seafarer shall be required to understand and, where appropriate, give orders and instructions and report back in that language.

(3) All the documents, plans and lists that must be posted, shall   be drafted

in a standard format in the language or the working languages of the ship.

(4) On board passenger ships which is flying the flag of the United Cyprus Republic, or of a member State, the company ensures that

the working language of the ship is  recording in the  ship’s log, and that the  personnel nominated on muster lists to assist passengers in emergency situations are readily identifiable and have communication skills that are sufficient for that purpose, taking into account an appropriate and adequate combination of any of the following factors:

(a) the language or languages appropriate to the principal nationalities of passengers carried on a particular route;

(b) the likelihood that an ability to use elementary English vocabulary for basic instructions can provide a means of communicating with a passenger in need of assistance whether or not the passenger and crew member share

a common language:

(c) the possible need to communicate during an emergency by some other means (e.g. by demonstration, hand signals, or calling attention to the location of instructions, muster stations, life-saving devices or evacuation routes) when verbal communication is impractical;

(d) the extent to which complete safety instructions have been provided to passengers in their native language or languages;

(e) the languages in which emergency announcements may be broadcast during an emergency or drill to convey critical guidance to passengers and to facilitate crew members in assisting passengers;

(5) Every company ensures that on board oil tankers, chemical tankers and liquefied gas tankers flying the flag of the United Cyprus Republic or a Member State, the master, officers and rating are able to communicate with each other in a common language or common working language(s);

(6) Every Company has a duty and is obliged to ensure that for each one of its ships there are adequate means for communication between the ship and the shore-based authorities, either in a common language or in the language of those authorities.

Manning according to the composition of the ship.

15. -(1) A Company shall have a duty and must ensure that its ships are manned in accordance with the provisions of this Law relating to the composition of the members of the crew on board the ship and that each seafarer engaged on any of its ships holds an appropriate certificate in respect of the duties assigned to him.

 

 

 

     (2) The composition of ships shall be prescribed by the Competent Authority after a relevant application by a Company.

 

 

 

     (3) The application may include proposals as to the number and qualifications of members or the crew which the Company considers relevant to the ship’s safe manning for its proposed voyages.

 

 

First Schedule.

     (4) In preparing such proposals, the Company shall take into account the composition of the crew, as it is indicated for each category of ships, in the First Schedule of this Law and in any directions which may be issued by the Competent Authority from time to time.

 

 

 

First Schedule.

     (5) The Competent Authority may specify a different composition of the crew from the one which is indicated in the First Schedule of this Law, if such variation is deemed to be justified, because of the duration of the voyage or the specific needs of the ship.

 

 

 

     (6) The Competent Authority, following an examination of the proposal submitted by a Company, shall define the composition of the crew and issue the certificate of safe manning of the ship.

 

 

 

     (7)  The Company must inform the Competent Authority as soon as possible with respect to any change in the circumstances concerning the safe manning certificate issued to it, for the purpose of enabling the Competent Authority to either review the certificate or to approve new proposals of the Company.

 

 

Ship emergency and evacuation plan

(Muster List).

16. -(1) With respect to every one of its passenger ships, a Company shall have a duty to submit to the Competent Authority for approval an emergency and evacuation plan (Muster List) in case of danger, according to which the Competent Authority will be able to determine the number of members of the crew required to assist the passengers in the case of abandonment of the ship, and to prescribe the composition of the crew.

 

 

 

     (2) The members of the crew included in the Muster List shall be trained on the ship generally in matters of safety depending on the specific duties assigned to them according to the Muster List and the requirements of the International Convention for the Safety of Life at Sea of 1974, as amended, and as is in force from time to time in the United Cyprus Republic.

 

 

Maritime competency certificates, navigation officers' certificate,

Radio-communication

Operators' certificate.

 

17. -(1) The master and two of the navigational officers of a cargo ship or three of the navigational officers of a passenger ship shall hold a Global Maritime Distress and Safety System (GMDSS) general operators certificate.

 

 

     (2) Each person which is in charge of or executes duties related to radio communications on board a ship which is required to participate in the Global Maritime Distress and Safety System (GMDSS) must possess the appropriate certificate relating to this system, and which is issued or recognised by the Competent Authority in accordance with the provisions of the Radio Communications Regulations and the requirements of the STCW Convention.

 

 

Certificates for lifesaving equipment.

18. -(1) The master, officers and ratings designated for the operation of lifeboats or inflatable life rafts must possess the appropriate certificate of operator of lifeboats or of operator of inflatable life rafts, which is issued in accordance with the provisions of Regulation V1/2, paragraph 1, of the STCW Convention and is recognised by the Competent Authority.

 

 

 

     (2) With respect to passenger ships, there shall be two ratings for each lifeboat and one for each inflatable liferaft, and with respect to cargo ships, one rating for each lifeboat and inflatable liferaft.

 

 

Certificate or documentary evidence for advanced training in techniques for fighting fire.

19. The master and seafarers designated for the control of fire-fighting operations must possess an appropriate certificate or documentary evidence of training at an advanced level in fire fighting techniques, issued in accordance with the provisions of Regulation VI/3 of the STCW Convention and recognised by the Competent Authority.

 

 

 

Medical examination certificate.

20.  All persons employed or engaged on a ship must possess a valid medical examination certificate issued or recognised in accordance with the Federal Law on Merchant Shipping (Medical Examination of Seafarers and Issue of Medical Fitness Certificates).

 

 

Radiotelegraph operators.

21. The composition of passenger and cargo ships, which are obliged to carry a radio station, shall include one or more radiotelegraph operators in accordance with the requirements of the International Convention of the Safety of Life at Sea, of 1974, as amended, and as is in force for the time being in the United Cyprus Republic.

 

 

Doctor.

22. The composition of any ship carrying more than one hundred persons on board shall include the engagement of a doctor.

 

 

Cook.

23.  An additional person shall be engaged to perform the duties of cook, if the number of persons on board is or exceeds ten. In the case of passenger ships, the number of cooks shall increase according to the duration of the voyage and the feeding needs of the passengers and the crew members.

 

 

Safe manning certificate.

24. -(1) This section applies to Cyprus ships wherever they are and to foreign ships of 500 gross tonnage or more when in Cyprus waters.

 

 

 

     (2) A Company shall have a duty and must ensure that a valid safe manning document shall be kept on board its ships at all times and the manning of its ships shall be maintained at all times at least at the levels specified in the safe manning certificate.

 

 

 

     (3) The master of every ship to which this section applies shall have a duty and must ensure that the ship does not sail unless there is on board a valid safe manning certificate in respect of the ship and the manning of the ship complies with what is specified in the certificate.

 

 

 

     (4) The safe manning certificate for Cyprus ships shall be issued by the Competent Authority following a relevant application by the Company, provided that all the prerequisites are satisfied and that the prescribed fee is paid.

 

 

 

Part III

Seafarers Hours of Work and Hours of Rest

 

 

Extent of application of Part III

25. The provisions of this Part apply only to Cyprus ships.

 

 

General duty of the Company and the master.

26. -(1) Subject to the provisions of section 30 of this Law, a Company shall have a duty and must ensure that, as far as it is reasonably practicable, the master as well as the seafarers shall not work more hours than are safe in relation to the ship or than are is expected for the good performance of their duties.

 

 

 

     (2) Subject to the provisions of section 30 of this Law, the master shall have the same obligation as that of the Company in relation to the seafarers working on board the ship.

 

 

Watchkeeping system and hours of rest.

27.-(1) A Company shall have a duty and must ensure that on board its ships there exists at all times a watchkeeping system, which is arranged in such manner so that the efficiency of all watchkeeping personnel is not impaired by reason of fatigue and that duties are organized in such a way that those keeping the first watch at the commencement of the voyage and those keeping subsequent watch are sufficiently rested and otherwise fit for duty.

 

 

 

     (2) A Company shall have a duty and must ensure that the watchkeeping system kept on its ships is regulated according to the provisions of the following paragraphs ¾

 

 

 

 

 

(a)       All persons, assigned with duties of an officer in charge of a watch and all ratings forming part of a watch shall be provided with a minimum of ten hours of rest in any twenty four hour period,

 

 

 

 

 

(b)       the hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and

 

 

 

 

 

(c)        notwithstanding the provisions of paragraphs (a) and (b), the prescribed minimum period of ten hours may be reduced to a period of at least six consecutive hours, provided that any such reduction shall not extend beyond two days and that a rest of not less than seventy hours in each seven day period, shall be ensured.

 

 

 

     (3) A Company shall have a duty and must establish and maintain the necessary policies and procedures which will ensure the correct compliance with the provisions of subsection (2).

 

 

Watchkeeping table.

28.-(1) A Company shall have a duty and must compile a table of the watchkeeping arrangements for each of its ships in the communication language of the ship and in English, where the communication language of the ship is different.

 

 

 

     (2) The table of the watchkeeping arrangements shall be posted at an easily accessible place in the ship for the information of seafarers.

 

 

 

     (3) The table compiled with the watchkeeping arrangements, according to this section, must contain (for each watchkeeping position) at least ¾

 

 

 

 

 

(a)       the maximum permissible number of hours of work according to the legislation in force from time to time in  the United Cyprus Republic; and

 

 

 

 

 

(b)        the schedule of the watchkeeping service in the sea and in the port.

 

 

 

     (4) A master shall have a duty and must keep, at all times, the table compiled pursuant to the provisions of this section and, as far as reasonably possible, must not allow the prescribed maximum number of hours of work to be exceeded.

 

 

Record of hours of work and hours of rest.

29. -(1) A Company shall have a duty and must establish the necessary policies and procedures to ensure that a registry is kept on board each of its ships, recording all data regarding hours of work and hours of rest of the seafarers who participate in watchkeeping, all deviations from the watchkeeping table referred to in section 28 and the reasons for such deviations.

 

 

 

     (2) The registry shall be kept by the master of the ship, and the registrations in it must be reviewed by the master or a person authorised by the master, and by the seafarer concerned.

 

 

 

     (3) A Company shall have a duty and must ensure that a copy of the table provided for by section 28 and of the registry required by subsection (1) shall be saved and maintained for a period of at least five years from the date the table was first compiled, and that they are readily available for inspection by the Competent Authority.

 

 

Exceptions

in cases of emergencies.

30.-(1) The requirements regarding rest periods provided for in subsection (2) of section 27 of this Law, as well as the watchkeeping arrangements which are recorded in the table compiled pursuant to section 28 of this Law, need not be met in the case of any emergency, especially one that threatens the safety on the ship, the human life or the environment or in case of a drill or under other operational situations of an overriding nature.

 

 

 

     (2) In case where, pursuant to subsection (1), the master or a seafarer worked during his rest period, this incident shall be entered in the registry maintained under section 29, together with the reasons causing this deviation.

 

 

 

Part IV

Watchkeeping

 

 

Watchkeeping arrangements

31.-(1) The master of a ship shall have a duty and must ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watchkeeping according to Chapter VIII of the STCW Code.

 

 

 

     (2) Notwithstanding the duty of the master under subsection (1), the master must issue directions to the deck watchkeeping officers in charge of navigating the ship safely when they are on duty of watchkeeping, in accordance with Part 3-1 of Section A VIII/2 of the STCW Code and any directions which may be issued by the Competent Authority to that effect.

 

 

 

     (3) The chief engineer of a ship shall have a duty and must ensure that the watchkeeping arrangements for the engine of the ship are at all times adequate for maintaining a safe watch, in accordance with Part 3-2 of Section A VIII/2 of the STCW Code and any directions which may be issued by the Competent Authority to that effect.

 

 

Watchkeeping arrangements in a port.

32. The master of a ship, which is safely moored or safely at anchorage under normal circumstances in a port, shall have a duty and must arrange for an appropriate and effective watchkeeping in accordance with Part 4 of Section A-VIII/2 of the STCW Code and any directions which may be issued by the Competent Authority to that effect.

 

 

Watchkeeping arrangements in port for ships carrying hazardous cargo.

33.-(1) The master of a ship which is carrying hazardous cargo and which is in port, even safely moored or safely at anchorage, shall have a duty and must ensure, in addition to any watchkeeping arrangements required under section 32, that the following arrangements are met:

 

 

(a)       In respect of ships carrying hazardous cargo in bulk, a safe watchkeeping of the deck and the engine shall be maintained by the presence on board of  one or more duly qualified officers and, where necessary, of ratings; and

 

 

 

 

 

(b)       in respect of ships carrying hazardous cargo other than in bulk, the safe watchkeeping arrangements shall be ensured, by taking into account the nature, quantity, packing and stowage of the hazardous cargo as well as any special conditions on board, afloat and ashore.

 

 

 

     (2) The watchkeeping arrangements prescribed in subsection (1) shall be implemented according to any directions which may be issued by the Competent Authority.

 

Part V

Composition of Cyprus non-seagoing ships and fishing vessels.

 

 

Composition of Cyprus non-seagoing ships and fishing vessels.

34. -(1) The provisions of this Part apply to Cyprus non-seagoing ships, according to the meaning assigned to this term by subsection (1) of section 2, of this Law, and to fishing vessels.

 

 

 

 

 

 

Second Schedule.

     (2) A Company shall have a duty and must ensure that each one of its ships, which comes within the provisions of this section, shall be manned in accordance with the composition which is specified in the Second Schedule of this Law.

 

 

Certificate of safe manning.

35. -(1) A Company shall have a duty and must ensure that, a valid safe manning certificate in respect of a ship, is kept on board each one of its ships at all times, and that the manning of its ships is maintained at all times at least at the levels specified in the certificate.

 

 

 

     (2) The master of a ship, to which the provisions of this Part apply, shall have a duty and must ensure that, the ship does not sail unless there is on board a valid safe manning certificate in respect of the ship and the manning of the ship complies with what is specified in the certificate.

 

 

 

     (3) The safe manning certificate of a ship shall be issued by the Competent Authority, upon application by a Company, provided that all the prerequisites for it are satisfied and the prescribed fee is paid.

 

 

 

Part VI

Inspection and Port State Control of non-Cyprus ships

 

 

Inspection and port state control of non-Cyprus ships.

36.-(1) Non-Cyprus ships within Cyprus waters are subject to port State control, which shall be conducted by a surveyor duly authorised to that effect by the Competent Authority.

 

 

     (2) Port State control shall be conducted in accordance with Article X of the STCW Convention and the Federal Law on Merchant Shipping (Port State Control) for the purpose of:

 

 

 

 

 

(a)       verifying all seafarers who serve on board a ship and are required to be holders of maritime ability certificate, in accordance with the STCW Convention  are indeed in possession of a valid and appropriate certificate or of a valid dispensation or can provide documentary proof that an application for an endorsement attesting recognition has been submitted to the appropriate authorities of the flag State.

 

 

 

 

 

(b)       verifying whether the number and the certificates of the seafarers employed on a ship are according to the requirements of safe manning composition, as these are specified by the Competent Authority; and

 

 

 

 

 

(c)        assessing, in accordance with Part A-I/4 of the STCW Code, the ability of the seafarers on board a ship to maintain the watchkeeping standards, as these are provided for in this Law and the STCW Convention, in cases where clear grounds exist indicating that such standards are not or have not been maintained, due to the occurrence of any one of the following events, while the ship is in a port of  the United Cyprus Republic or is approaching a port of  the United Cyprus Republic ¾

 

 

 

 

 

 

 

(i)            the ship is involved in a collision, grounding or stranding, or

(ii)            there is an illegal discharge of substances from the ship when she is under way, at anchor or at berth, or

(iii)          the ship manoeuvres in an erratic or unsafe manner, without obeying to the usual measures, which have been adopted by the International Maritime Organization or safe navigation practices and procedures are not followed, or

(iv)          the ship is otherwise operated in such a manner which may expose persons, property or the environment to danger, or

(v)      the certificate has been fraudulently obtained or the holder of the certificate is not the person to whom that certificate was originally issued, or

(vi)   the ship is flying the flag of a State other than a member State or the United Cyprus Republic, which has not ratified the STCW Convention, or has a master , officer or rating holding a certificate issued by a third country which has not ratified the STCW Convention.

 

     (3) If the surveyor finds, while conducting an inspection, any one of the deficiencies mentioned in subsection (4), he shall notify in writing the master of the ship, or the nearest maritime, consular or diplomatic representative of the state of the flag of the ship of this fact.

 

 

 

     (4) The deficiencies referred to in subsection (3) are the following ¾

 

 

 

 

 

(a)       omission of a seafarer to hold the appropriate certificate, or have a valid dispensation or documentary proof that an application for an endorsement attesting recognition has been submitted to the appropriate authorities of the flag State.

 

 

 

 

 

(b)       failure to comply with the safe manning certificate;

 

 

 

 

 

(c)        failure of arranging watchkeeping of a bridge or the engines room according to the requirements which are specified to this effect for the ship by the Competent Authority of the state in which the ship is registered,

 

 

 

 

 

(d)       absence, during the watchkeeping, of a person duly qualified to operate equipment, of essential to safe navigation, safe radiocommunications or the prevention or anticipation of pollution,

 

 

 

 

 

(e)       inability of the master to ensure, at the commencement of a voyage as well as for subsequent watches, the undertaking of tasks by persons who have had sufficient rest and are fit to undertake the tasks;

 

(f)      failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship and the prevention of pollution.

 

(5) Notwithstanding verification of the certificate, assessment under paragraph (c) of subsection (2) may require the seafarer to demonstrate the relevant competence at the place of duty. Such a demonstration may include verification that operational requirements in respect of watchkeeping standards have been met and that there is a proper response to emergency situations within the seafarer's level of competence.

 

 

Part VII

Inspection, Power to detain, Penalties

 

 

Inspection and prohibition of sail.

37.-(1) As from the entry into force of this Law, the sail of Cyprus or foreign ships which are subject to the provisions of subsections (1) and (2) of section 5 of this Law shall be prohibited, in cases where it is ascertained that a contravention of the provisions of this Law, and of the Regulations made there under has occurred.

 

 

 

     (2) If, during the inspection of a ship, the Competent Authority  ascertains any contravention, as above, it shall confirm the contravention, make a report to that effect, call the master of the ship to explain and shall prohibit the sail of the ship, until the cause for non-compliance is removed and, if a fine according to the provisions of section 39 of this Law has been imposed, until this has been paid.

 

 

 

     (3) The cost incurred for the inspection of the ship in order to ensure that the contravention has been rectified shall be borne by the ship and shall be paid prior to the lifting of the prohibition of sail.

 

 

Competent Authority’s power to detain the ship and prohibit the sail.

38.-(1) The Competent Authority shall have power to detain and prohibit the sail of a ship, in any case where, following an inspection of the ship, it is ascertained that ¾

 

 

(a)       in relation to a Cyprus ship, there exists a contravention of any one of the provisions of this Law;

 

 

 

 

 

(b)       in relation to a foreign ship, there exists-

 

 

 

 

 

 

 

(i)             a contravention of any of the provisions of sections 24, 31, 32 and 33 of this Law; or

(ii)            a failure to certify deficiencies of a kind specified in subsection 4 of section 36 of this Law, capable of posing danger to the safety of persons, property or the environment.

 

 

 

     (2) The prohibition of sail shall not be lifted unless the deficiencies are rectified to the satisfaction of the Competent Authority.

 

 

Sanctions.

39.-(1) Any contravention of the provisions of this Law, as described in section 38, shall be punished, irrespective of whether there exists a case of criminal or disciplinary liability pursuant to any other legal provision, with an administrative fine not exceeding five thousand pounds depending on the seriousness of the contravention.

 

 

 

     (2) The administrative fine shall be imposed on the Company or the master of the ship or any other person who contravenes a duty or obligation in terms of this Law, by a reasoned decision of the Competent Authority, confirming the contravention. The amount of the fine imposed on a case by case basis shall be indicated in directions given by the Minister, in which there shall be set out the basic contraventions together with the corresponding fine, without this indication restricting the Competent Authority which is responsible for confirming the specific contravention, from deciding freely on the basis of the facts of each particular case, by exercising its discretionary power so long as this discretion is exercised within the framework of the directions.

 

 

 

     (3) The Competent Authority shall notify the master of the ship of its decision to impose the fine, and shall not allow the lifting of the prohibition of sail, until the fine is paid or a bank guarantee of an equal amount by a recognised Bank, and on terms which satisfy the Competent Authority, is deposited.

 

 

 

     (4) Exceptionally, in respect of ships, which frequently call at the United Cyprus Republic ports, a ship may be permitted to sail for one voyage only, without the fine imposed having been paid already or the bank guarantee having been deposited, subject to approval of the Minister, if prevailing reasons of transportation or other special reasons justify this and it is de facto impossible to present a bank guarantee on time. In this case a personal guarantee of an equal amount by the Company, its representative or the master shall be deposited.

 

 

 

     (5) There shall be recourse to the Minister against the decision imposing a fine. Such recourse to the Minister shall be filed within thirty days of notification of the decision, in case of a contravention confirmed in a port of  the United Cyprus Republic or within sixty days, in the case of a contravention confirmed in a foreign port.

 

 

 

     (6) The recourse provided for in subsection (5) shall not suspend the execution of the decision.

 

 

 

     (7) The amount of the fine or the amount payable under the bank guarantee shall be paid to the federal state, after the expiration of the time limit of seventy five days for filing a recourse to the Supreme Court, if no such recourse was filed, either from the notification of the decision to impose the fine or, in case of a recourse to the Minister pursuant to subsection (5), from the notification of the decision of the Minister.

 

 

Court action for collection of the fine under section 39.

40.  In case of a failure of payment of the fine imposed under section 39 of this Law, the Competent Authority shall take steps to collect the amount due as a civil debt.

 

 

Fine and expenses to be a charge on the ship.

41. The fine imposed under section 39 or 42 of this Law constitute a charge on the ship in respect of which the contravention was confirmed or, according to the case, the offence was committed, and shall be satisfied in priority against any other creditors, subject to its ranking after the last mortgage.

 

 

Criminal offences.

42. -(1) The following persons shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand pounds or to both such sentences ¾

 

 

 

 

 

 

 

(a)       a Company who is guilty of contravention of its duties and obligations under sections 8(1), (2) or (3), 9(1) or 9(3), 10, 11(1), 12(1), 13(1) or (2), 14, 15(1) or (7), 16(1), 24(2), 26(1), 27(1) or (2) or (3), 28(1), 29(1) or (3) of this Law,

 

 

 

 

 

(b)       a master who is guilty of contravention of his duties and obligations under sections 11(3), 24(3), 26(2), 28(4), 31(1) or (2), 32 or 33(1) of this Law,

 

 

 

 

 

(c)        a chief engineer who is guilty of contravention of his duties and obligations according to subsection (3) of section 31 of this Law.

 

 

 

     (2) It shall be a defence, for a person charged with an offence, as provided for in the previous subsection, to prove that he took all reasonable steps to avoid committing the offence.

 

 

 

     (3) If the offence, committed pursuant to subsection (1), consists in  failure of the Company or the master or the chief engineer, to take all reasonable steps in the circumstances to comply with the duty or obligation, it shall be for the accused to prove that it was not reasonably possible to do more than was in fact done to comply with the duty or obligation.

 

 

 

Part VIII

Final Provisions

 

 

Making of Regulations.

43.-(1) The Presidential Council may make Regulations to be published in the Gazette for the better carrying out of the provisions of this Law.

 

 

 

 


First Schedule (1)

(section 15(4))

Cargo Ships

 

1.         The composition of crewmembers of cargo ships, of any type, is suggestively indicated as follows:

 

1. 1      Navigational Department

 

1.1.1      Restricted area voyages

 

Gross Tonnage

<1000

1001-3000

3001-5000

5001-10000

10001-20000

>20001

Master

Chief Officer

Deck Officer

Rating Grade A'

Rating Grade B'

1

1

-

2

-

1

1

-

2

-

1

1

-

2

-

1

1

-

2

-

1

1

1

3

-

1

1

1

3

1

TOTAL

4

4

4

5

6

7

 

1.1.2       Middle area voyages

Gross Tonnage

<1000

1001-3000

3001-5000

5001-10000

10001-20000

>20001

Master

Chief Officer

Deck Officer

Rating Grade A'

Rating Grade B'

1

1

-

2

-

1

1

-

2

-

1

1

-

2

1

1

1

1

3

-

1

1

1

3

1

1

1

2

3

1

TOTAL

4

4

5

6

7

8

 

1.1.3      International voyages

Gross Tonnage

<1000

1001-3000

3001-5000

5001-10000

10001-20000

>20001

Master

Chief Officer

Deck Officer

Rating Grade A'

Rating Grade B'

1

1

-

2

1

1

1

-

2

1

1

1

-

3

1

1

1

1

3

1

1

1

1

3

1

1

1

2

3

3

TOTAL

5

5

6

7

7

10

1. 2.     Engine Department

1.2.1.    Automated Engine room (Unattended)

1.2.1.1.            Restricted area voyages

Kilowatt (KW)

<750

751-

1500

1501-3000

3001-6000

6001-8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

-

-

1

-

-

-

1

1

-

-

-

1

1

1

-

-

1

1

1

-

1

-

1

1

-

1

-

TOTAL

1

2

2

3

3

3

 

1.2.1.2.            Middle area voyages

Kilowatt (KW)

<750

751-

1500

1501-3000

3001-6000

6001-8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

-

-

1

-

-

-

1

1

-

-

-

1

1

1

-

1

-

1

1

-

1

-

1

1

-

1

-

TOTAL

1

2

2

3

3

3

 

 

1.2.1.2.           International voyages

 

Kilowatt (KW)

<750

751-

1500

1501-3000

3001-6000

6001-8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

-

-

1

-

-

-

1

1

-

-

1

-

1

1

-

1

-

1

1

-

1

-

1

1

-

1

-

TOTAL

1

2

2

3

3

3

 

1.2.2.              Attended Engine room

1.2.2.1.               Restricted area voyages

 

Kilowatt (KW)

<750

751-

1500

1501-3000

3001-6000

6001-8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

-

-

1

1

-

-

-

1

1

-

-

-

1

1

-

1

-

1

1

-

1

1

1

1

1

2

1

TOTAL

1

2

2

3

4

6

 

 

 

 

 

 

1.2.2.2.           Middle area voyages

Kilowatt (KW)

<750

751-1500

1501-3000

3001-6000

6001-8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

1

-

1

1

-

-

-

1

1

-

-

1

1

1

-

1

1

1

1

1

2

-

1

1

1

3

-

TOTAL

2

2

3

4

5

6

 

1.2.2.2.           International voyages

 

Kilowatt (KW)

<750

751-

1500

1501-3000

3001-6000

6001-8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

1

-

1

1

-

-

-

1

1

-

-

1

1

1

-

1

1

1

1

1

3

-

1

1

1

3

-

TOTAL

2

2

3

4

6

6

 


 

Passenger Ships

 

2.         The composition of passenger ships, of any type, is suggestively indicated as follows:

 

2.1.     Navigational Department

2.1.1 Restricted area voyages

Gross Tonnage

<2000

2001-

5000

5001-

10000

10001-

20000

>20001

Master

Chief Officer

Deck Officer

Rating Grade A'

Rating Grade B'

1

 

1

2*

1

1

1

1

3

1

1

1

2

3

3

1

1

2

6

2

1

1

2

6

4

TOTAL

4

7

10

12

14

* Rating Grade A’ positions not needed in day time sailings

2.1.1.  Short international voyages

 

Gross Tonnage

<1600

1601-

2000

2001-

5000

5001-

10000

 10001    >200001

20000

Master

Chief Officer

Deck Officer

Rating Grade A'

Rating Grade B'

1

 1

0

2*

1

1

1

1

3

1

1

1

2

3

3

1

1

2

6

2

1                      1

1                      1

2                      2

6                      6

4                      4

TOTAL

5

7

10

12

14                    14

* Rating Grade A’ positions not needed in day time sailings

 

2.1.2.  International voyages

 

Gross Tonnage

<2000

2001-

5000

5001-

10000

10001-

20000

>20001

Master

Chief Officer

Deck Officer

Rating Grade A'

Rating Grade B'

1

1

2

3

3

1

1

2

3

4

1

1

2

3

6

1

1

2

6

6

1

1

2

6

6

TOTAL

10

11

13

16

16

 

2.2.     Engine Department

2.2.1.   Automated Engine room (Unattended)

2.2.1.1 Restricted area voyages

Kilowatt (KW)

<750

751-

1500

1501-

3000

3001-

6000

6001-

8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

-

-

1

-

-

-

1

1

 

1

-

1*

1

1

-

-

1*

1

1

-

1

-

1

1

-

1

1

TOTAL

1

2

3

3

3

4

* Rating Grade A’ positions not needed in day time sailings

 

 

 

 

 

2.2.1.1.           Short international voyages

Kilowatt (KW)

<750

751-

1500

1501-

3000

3001-

6000

6001-

8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

-

-

1

-

-

-

1

1

1

-

1*

-

1

1

-

1*

-

1

1

-

1

1

1

1

-

2

-

TOTAL

1

2

3

3

4

4

* Rating Grade A’ positions not needed in day time sailings

 

2.2.1.1.              International voyages

 

Kilowatt (KW)

<750

751-

1500

1501-

3000

3001-

6000

6001-

8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

1

-

1

1

-

-

1

1

1

-

1

-

1

1

1

1

-

1

1

1

1

1

1

1

1

2

1

TOTAL

2

3

3

4

5

6

 

 

 

 

 

 

 

2.2.2.  Attended Engine room

2.2.2.1.           Restricted area voyages

Kilowatt (KW)

<750

751-

1500

1501-

3000

3001-

6000

6001-

8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

1

-1

1

 

1

-

1

1

1

 

2

-

1

1

 

2

1

1

1

1

2

1

1

1

2

2

1

TOTAL

3

3

4

5

6

7

 

2.2.2.2  Short international voyages

Kilowatt (KW)

<750

751-

1500

1501-

3000

3001-

6000

6001-

8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

-

-

2

-

1

1

-

-

1

1

1

1

1

-

1

1

1

1

1

1

1

2

2

1

1

1

2

3

1

TOTAL

3

3

4

5

7

8

 

 

 

 

 

 

 

 

2.2.2.2.               International voyages

 

Kilowatt (KW)

<750

751-1500

1501-3000

3001-6000

6001-8000

>8001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

1

-

1

-

1

1

1

-

1

1

1

1

1

1

1

1

1

2

1

1

1

2

3

1

1

2

1

3

2

TOTAL

3

4

5

6

8

9


Second Schedule (2).

(section 34(2))

1.         The composition of the tug boats operating in ports for one watch is determined as follows:

Engine Power (KW)

<500

501-1000

>1001

Chief Engineer

Second Engineer

Engineer Officer

Rating Grade A’

Rating Grade B’

1

1

-

1

-

1

1

1

-

-

1

3

1

-

1

TOTAL

3

3

6

 

2.         The composition of fishing vessels (trawlers) is determined as follows:

 

Gross

Open Sea

Restricted Sea

 

Tonnage

<100

>100

<100

>100

 

Skipper

Watch Keeping Officer

Deck Rating Grade B'

Chief Engineer

Second Engineer

1

1

3

1

-

1

1

3

1

-

1

-

2

-

1

1

-

3

-

1

TOTAL

6

6

4

5

 

3.            The composition of professional tourist vessels, which have the right to carry passengers and perform leisure voyages in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply, is determined as follows:

 

Passengers

<16

16-50

51-80

81-120

121-150

151-200

>201

Skipper

1

1

1

1

1

1

1

Ratings

 

1

2

3

4

5

7

TOTAL

1

2

3

4

5

6

8