Federal Law on Recognition and Authorisation of Organisations

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

Foundation Agreement

Annex III, Attachment 11, Law 11

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal Law on Merchant Shipping

(Recognition and Authorisation of Organizations)

 

 

 

 

 

 

 

 

 

 


For the purposes of inter alia harmonization with the Community Act referred to as- “Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations” (OJ L 319, 12.12.1994, p.20), as last amended by the Community Act referred to as “Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships” (OJ L 324, 29.11.2002, p. 53,

 

It is hereby provided as follows:

 

 Short title.

1. This Law may be cited as the Federal Law on Merchant Shipping (Recognition and Authorisation of Organizations).

 

 

Interpretation.

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

 

 

 

“Advisory Committee” means the Advisory Committee provided for in section 4;

 

 

 

“authorisation” means an act whereby the  Competent Authority  grants an authorization or delegates powers to a recognized organization;

 

 

 

“authorised Community officer” means an officer authorised by the Commission to assess recognized organizations according to Article 11(3) of Directive 94/57/EC;

 

 

 

“cargo ship” means a ship which is not a passenger ship;

 

 

 

“cargo ship safety radio certificate” means the certificate introduced by the amended Radio Regulations of the International Convention for the Safety of Life at Sea (SOLAS 74/78), adopted by the IMO;

 

 

 

“certificate” means a certificate issued by or on behalf of the United Cyprus Republic, in accordance with the International Conventions and the implementing  legislation in force in the United Cyprus Republic;

 

 

 

“class certificate” means a document issued by a classification society certifying the structural and mechanical fitness of a ship for a particular use or service in accordance with the rules and regulations, laid down and made public by that society;

 

 

 

“Commission” means the Commission of the European Union;

 

 

 

"Competent Authority" means the competent authority provided for in section 3;

 

 

 

“COSS Committee” means the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Article 3 of Regulation (EC) No. 2099/2002;

 

 

 

“Court” means a court of competent jurisdiction;

 

 

 

“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;

 

 

 

“Directive 94/57/EC” means the Community Act referred to as “Council Directive of the European Union of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations” (OJ L 319, 12.12.1994, p. 20) as last amended by the Community Act referred to as Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships” (OJ L 324, 29.11.2002, p. 53);

 

 

 

“Director” means the head of the Directorate;

 

 

 

“Gazette” means the federal Official Gazette;

 

 

 

“IMO” means the International Maritime Organization;

 

 

 

“inspections” or “surveys” means inspections or surveys, respectively, made mandatory for the United Cyprus Republic ships under the International Conventions, laws and regulations in force in the United Cyprus Republic, or  which are binding on the United Cyprus Republic, and inspections or surveys, respectively, made mandatory for the United Cyprus Republic ships under  other Codes, Standards, Resolutions, Recommendations or Guidelines of the IMO, the International Labour Organization and the International Telecommunications Union,  adopted by the Presidential Council;

 

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“International Conventions” means –

 

   (a)    the International Convention for the Safety of Life at Sea, 1974 (SOLAS),

 

   (b)    the  International Load Lines Convention, 1966 (LL),

 

   (c)     the International Convention for the Prevention of the Pollution of the Sea from Ships (MARPOL)1973/78,

 

(d)      the International Convention on Tonnage Measurement of

       Ships, 1969 (TONNAGE 69), 

 

  (e)     the Special Trade Passenger Ships Agreement  1971 (STP 71), and the Protocol on Space Requirements for Special Trade Passenger Ships 1973 ( SPACE STP 73), and 

 

 f) Protocols, amendments thereto and related Codes in their up-to-date version which are binding on the United Cyprus Republic;

 

 

 

“location” or "located", in relation to an organization, refers to the place of the registered office, central administration or principal place of business of an organization;

 

 

 

“ member state” means a member state of the European Union or any other state which is a contracting party to the European Economic Area Agreement signed at Oporto on 2nd May 1992 as amended from time to time;

 

 

 

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

 

 

 

“notification” means a notification of the Director published in the  Gazette;

 

 

 

“operator of a ship” means the owner of a ship or any other person, such as the manager or the bareboat charter, who has assumed the responsibility for operating the ship from the owner and who, by assuming such responsibility, has agreed to undertake all the duties and responsibilities which are imposed by this Law;

 

“owner” means the natural or legal person who owns a ship or a share therein;

 

 

 

“organization” means a classification society or other private body carrying out  ship safety assessment work for an administration;

 

 

 

“passenger ship”  means a ship which  carries more than twelve passengers;

 

 

 

“recognized organization” means an organization recognized in accordance with the provisions of Article 4(1), (2), (3), (5) of Directive 94/57/EC;;

 

 

 

“Regulation (EC) No 2099/2002” means 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, p. 53), as from time to time amended or replaced;

 

 

 

“ship” includes every description of vessel used in navigation not propelled by oars;

 

 

 

“ship flying the flag of a member state” means a ship registered in and flying the flag of a member state in accordance with its legislation;

 

 

 

“Sirenac information system” means the central system of information for the registers concerning ship inspections which take place in the context of port state control, which system is located in Saint Malo of France and was established according to the Paris Memorandum of 1982 in its up-to-date version;

 

 

 

 

 

 

 

“Surveyor of ships” (Marine Surveyor) means a person who is appointed by the Member as a Surveyor of ships by virtue of section 3 of the Federal Law on Merchant Shipping (Registration of Ships, Sales and Mortgages);

 

 

 

"third state" means a state other than a member state.

 

 

 

(2) The amendments to the international instruments referred to in the definition of the term “International Conventions” do not include amendments excluded form the scope of application of Directive 94/57/EC, pursuant to Article 5 of Regulation (EC) No 2099/2002.

 

 

Competent Authority.

3.-(1) The Competent Authority for the implementation of the provisions of  this Law and of the relevant Regulations made there under, shall be the Directorate.

 

 

 

(2) The Competent Authority shall have  power to issue instructions for the adoption of measures to be followed by  recognized organizations, which have been authorised to carry out inspection, survey and certification of Cyprus ships, to ensure compliance with the International Conventions.  The Competent Authority shall act in accordance with the relevant provisions of the Annex and the Appendix to IMO Resolution A. 847(20) on guidelines to assist flag States in the implementation of IMO instruments.

 

 

 

(3) The Competent Authority shall supervise, oversee and   follow up the work of the recognized organizations, as provided in this Law.

 

4. (inapplicable)

 

Survey and

certification of Cyprus ships by authorized persons.

5.- (1).(a) Inspections and surveys of Cyprus ships, the marking of load lines, the tonnage measurement, the issue and renewal of relevant certificates, the monitoring of shipbuilding and repair works of Cyprus ships and the issue and renewal of certificates evidencing compliance with the provisions of section 14, shall be  undertaken, whether in whole or in part,  only by -

 

   (i)     Surveyors of ships;

   (ii)     recognized organizations which are authorised by the Competent Authority under paragraph (b),

   

(b)       The Competent Authority may authorise a recognized organization for the undertaking of any function mentioned in paragraph (a).

 

 

 

(2) The Competent Authority shall approve all cases of exemption, whether permanent or provisional, from the provisions of the International Conventions, as well as the issue and renewal of the relevant certificates:

 

           Provided that in case of cargo ship safety radio certificates, a private body recognized by the Competent Authority and having sufficient expertise and qualified personnel to carry out specified safety assessment work on radiocommunication may be entrusted with these duties by the Competent Authority, subject to such private bodies  fulfilling  criteria  set out in a decision of the Member  published in the Gazette. Recognition and assignment of such duties to the private body shall be effected by a  decision of the Competent Authority. The Competent Authority may at any time withdraw its recognition of a private body which no longer fulfils the criteria or whose performance is not considered as being satisfactory.

 

(3) This section does not concern the certification of specific items of marine equipment.

 

 

Recognition of organizations.

6.-(1) Any organization has the right to submit to the Competent Authority an application for its recognition in accordance with Article 4(1) of Directive 94/57/EC.  Every such application must contain complete information and evidence which satisfy the Competent Authority that the organization complies with the criteria set out in the Annex of Directive 94/57/EC and that the organization is able and undertakes to comply with section 15(2), (4) and (5).

 

 

 

(2)  If the application fulfils the requirements under subsection (1) the Competent Authority shall-

 

 

 

 

 

(a)       take the due measures for the submission on behalf of the United Cyprus Republic to the Commission of an application for recognition of the applying organization under Article 4(1) of Directive 94/57/EC, which application contains the information and evidence referred to in subsection (1); and

 

 

 

 

 

(b)       assess, together with the Commission, the applying organization in accordance with  Article 4(1) of Directive 94/57/EC.

 

 

 

(3)  Any organization has the right to submit to the Competent Authority an application for its recognition in accordance with Article 4(2) of Directive 94/57/EC.  Every such application must contain complete information and evidence which satisfy the Competent Authority that the organization complies with the criteria set out in the Annex of Directive 94/57/EC, other than those set out under paragraphs 2 and 3 of Section A of that Annex, and that the organization is able and undertakes to comply with section 15(2), (4) and (5).

 

 

 

(4)  If the application fulfils the requirements under subsection (3) the Competent Authority shall

 

 

 

 

 

(a)       take the due measures for the submission on behalf of the United Cyprus Republic to the Commission of an application for recognition of the applying organization under Article 4(2) of Directive 94/57/EC, which application contains the information and evidence referred to in subsection (3); and

 

 

 

 

 

(b)       assess, together with the Commission, the applying organization in accordance with Article 4(2) of Directive 94/57/EC.

 

 

Duty to  authorise recognized organizations.

7.-(1) Subject to subsection (3) of this section and to sections 8 and 11, the Competent Authority shall in principle not refuse to authorise the undertaking of any functions referred to in section 5 by a recognized organization.

 

(2)  The Competent Authority may restrict the number of organizations it authorises in accordance with Cyprus shipping requirements, provided there are transparent and objective grounds for so doing.

 

(3)  The Competent Authority may –

 

(a)           refuse to authorise a recognized organization, or

 

(b)            withdraw an authorisation granted to a recognised organization,

 

which organization has its place of location in a third country, if that third country does not grant reciprocal treatment to a recognized organization located in a member state, as requested by the United Cyprus Republic.

 

 

 

Conclusion and model of agreement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First Schedule.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Withdrawal of recognition of organizations.

 

 

 

8.-(1) The United Cyprus Republic shall set out its working relationship with any organization acting on its behalf in accordance with  the  provisions  of  this  Law,  by  concluding  a formal written and

 non-discriminatory agreement, which shall set out the specific duties and functions assumed by such organization.  

 

(2) The written agreement shall be signed on behalf of the United Cyprus Republic by the Competent Authority and on behalf of the authorized organization by its Chairman or its representative.

 

(3) The Competent Authority shall publish by   notification in the Gazette, a model  agreement.

 

(4) An agreement under  this section  must  include at least the following:
 

   (a)    the provisions set out in Appendix 2 of IMO Resolution A.739(18) on guidelines for the authorisation of    organizations acting on behalf of the administration, the text of which is set out in Greek and Turkish translations in the First Schedule, while drawing inspiration from the Annex, Appendixes and Attachment to IMO MSC/Circular 710 and MEPC/Circular 307 on model agreement for the authorisation of recognised organisations acting on behalf of the administration;

 

(b)    the following  provisions concerning financial liability:

 

(i)        if liability arising out of any incident is finally and definitely imposed on the United Cyprus Republic by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for loss or damage to property or personal injury or death, which is proved in that court of law or through the arbitration procedures to have been caused by a wilful act or omission or gross negligence of the recognized organisation, its bodies, employees, agents or others who act on behalf of the recognized organization, the United Cyprus Republic shall be entitled to financial compensation from the recognized organization to the extent that the said loss, damage, injury or death is, as decided by that court or on the basis of the arbitration procedures, caused by the recognized organization;

(ii)       if liability arising out of any incident is finally and definitely imposed on the United Cyprus Republic by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for personal injury or death, which is proved in that court of law or through the arbitration procedures to have been caused by any negligent or reckless act or omission of the recognized organization, its employees, agents or others who act on behalf of the recognized organization, the United Cyprus Republic shall be entitled to financial compensation from the recognized organization to the extent that the said personal injury or death is, as decided by that court or on the basis of the arbitration procedures, caused by  the recognised organisation; the Competent Authority may limit the maximum amount payable by the recognized organization, which must, however, be at least equal to EUR 4 million;

(iii)      if liability arising out of any incident is finally and definitely imposed on the United Cyprus Republic by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for loss or damage to property, which is proved in that court of law or through the arbitration procedures to have been caused by any negligent or reckless act or omission of the recognized organization, its employees, agents or others who act on behalf of the recognized organization, the United Cyprus Republic shall be entitled to financial compensation from the recognized organization, to the extent that the said loss or damage is, as decided by that court or on the basis of the arbitration procedures,  caused by the recognized organization;  the Competent Authority may limit the maximum amount payable by the recognized organization, which must, however, be at least equal to EUR 2 million;

 

(c)     provisions for a periodical audit by the Competent Authority  or by an impartial external body appointed by the Competent Authority into the duties the organisations are undertaking on behalf of the United Cyprus Republic, as referred to in section 11(1);

 

(d)    provisions for the possibility for random and detailed inspections or ships;

 

(e)    provisions for reporting by the recognized organization to the Competent  Authority of essential information about the organization’s classed fleet, changes of class, suspensions and withdrawals of class,  in accordance with section 15(4);

 

(f)     provisions as to the effect that the agreement shall be treated as terminated if the Commission withdraws the recognition of the recognized organization, and to the effect that, in such a case, the United Cyprus Republic shall not bear any liability for paying financial compensation to the said organization.

 

(5) The agreement may set the requirement that the recognized organization has  local representation in the United Cyprus Republic.  Such requirement may be satisfied by a local representation having legal personality under the laws of the United Cyprus Republic , and being subject to the jurisdiction of the Courts of the United Cyprus Republic.

 

(6) The Competent Authority shall provide the Commission with copies of any agreements concluded with  recognized organizations.

 

(7)  The Competent Authority and every recognized organization it authorises shall cooperate with the Commission in accordance with Article 6(5) of Directive 94/57/EC.

 

(8)  Section 2(2) applies, mutatis mutandis, in relation to the amendments of international instruments referred to in subsection (4) of this section.

 

9.  In case the recognition of an organisation is withdrawn by the Commission in accordance to Article 9 or 10(4) of Directive 94/57/EC, the Competent Authority shall withdraw any authorisation it may have granted to such an organization under section 5.  The withdrawal of authorisation shall be effected by a decision of the Competent Authority published in the Gazette and communicated to the affected organization.

 

 

Suspension of authorisation.

 

10.-(1) Notwithstanding the criteria specified in the Annex of Directive 94/57/EC , when the Competent Authority considers that a recognized organization should no longer be authorised to carry out, on behalf of the United Cyprus Republic , the tasks specified in section 5, it may suspend such authorisation.

 

(2) The Competent Authority, in issuing its decision, shall examine whether the suspension is justified for reasons of a risk of serious  danger to safety or the environment.

 

(3)(a)   In case the Competent Authority decides the suspension of the authorisation of a recognized organization, it shall inform the Commission and the other member states of its decision without delay, giving substantiated reasons thereof.

 

(b)     The Competent Authority shall be informed by the Commission whether or not its decision to suspend the authorization is justified for reasons of a risk of serious danger to safety or the environment and, if it is not justified, shall withdraw such suspension decision.

 

(c)     The suspension of an authorization shall be effected by a decision of the Competent Authority published in the Gazette and shall be notified to the affected organization.    

 

 

 

(4)(a) In case the Commission suspends the authorisation of an organization in accordance with Article 10(2) or (3) of Directive 94/57/EC, the authorisation that the Competent Authority may have granted to the said organization under section 5, in relation to the issuing or renewal of certificates for Cyprus ships, is considered to be as suspended from the date the Commission made its decision until the date the Commission revokes that decision.

 

(b) Paragraph (a) does not affect the force and validity of any certificate which the affected organization issues before the date of withdrawal of its recognition.

 

 

Monitoring of recognised organizations.

 

 

11.-(1) The Competent Authority  shall monitor the work of  recognized organizations acting on behalf of the United Cyprus Republic , in order to satisfy itself that they effectively carry out the functions referred to in  section 5.

 

 

 

(2) The Directorate shall carry out this task at least on a biennial basis and shall provide the Competent Authority with a report of the results of its monitoring at the latest by 28 February of each year following the year for which compliance has been assessed.                                                                                                      

 

(3) The Competent Authority shall provide the Commission and the other member states with the report specified in subsection (2) at the latest by 31 March of each year following the year for which compliance has been assessed.

 

(4) Every recognized organization enjoying an authorisation in force granted by the Competent Authority under section 5 or having its place of location in the United Cyprus Republic shall make available on an annual basis to the COSS Committee the results of its quality system management review.

 

(5) The Competent Authority shall ensure the assessment together with the Commission, in accordance with Article 11(3) of Directive 94/57/EC, of any organized organization which was authorised by the Competent Authority under section 5 of this Law or for which the United Cyprus Republic submitted an application for recognition in accordance with section 6(2) or (4) of this Law.

 

 

Powers relevant to the assessment and monitoring of recognized organizations.

12.-(1)  The powers set out in this section are granted-

 

(a)       to any Surveyor of ships, for the purpose of undertaking any assessment or monitoring referred to in section 11;

 

(b)       to any authorised Community officer, for the purpose of undertaking any assessment referred to in section 11(5) on behalf of the Commission.

 

 

 

(2)  Every Surveyor of ships and every authorised Community officer may in any reasonable time-

 

 

 

 

(a)     intercept, enter, inspect and search any relevant ship classified to the recognized organization under assessment;

 

 

 

 

 

(b)     enter, inspect and search any land or premises, other than a private residence, in which he has due reason to believe that it is a place of location of, or is otherwised used for professional purposes by, the recognized organization under assessment;

 

 

 

 

 

(c)        inspect any data registered in a mechanical, electric or electronic database, and any book or document, which are located in any relevant ship referred to in paragraph (a) or any land or premises (other than a private residence) referred to in paragraph (b), for which he has due reason to believe that they contain information related to the purpose for which the power of inspection is exercised, and copy, photocopy and take copies, photocopies and parts of them, provided that, in relation to the taking of parts of them, he has due reason to believe that such parts may be used as evidence in any criminal proceedings related to any infringement or omission of compliance with this Law or the Regulations or Orders issued under this Law;

 

 

 

 

 

(d)       enter in any relevant ship referred to in paragraph (a) or any land or premises (other that a private residence) referred to in paragraph (b) -

 

 

 

 

 

 

(i)         accompanied by any person whose presence he considers necessary for any purpose he exercises a power granted under this section or section (3);

(ii)        having with him any equipment or material which he considers necessary for any purpose for which he exercises a power granted under this section or section (3).

 

 

 

 

(3)  The operator of a relevant ship, the master or any other seafarer of such a ship, a recognized organization and the person responsible for any land or premises (other than a private residence) referred to in section (2)(b) have each the obligation to provide a Surveyor of ships or an authorised Community officer, who reasonably asks so, with -

 

 

 

 

 

(a)       any assistance,

 

 

 

 

 

(b)       any information, and

 

 

 

 

 

(c)        any written statement verifying the information he provides,

 

 

 

and any Surveyor of ships or authorised Community officer may demand and receive such assistance, information or written statement.

 

 

 

(4)  Any person to whom section (3) imposes an obligation and who infringes or omits to comply with such an obligation shall be guilty of a criminal offence and shall be liable to imprisonment not exceeding six months or to a fine not exceeding two thousand pounds or to both such penalties.

 

 

 

(5)  In case of criminal prosecution under section (4), it shall be a defence for the defendant to prove that he had reasonable cause for infringing or omitting to comply with an obligation imposed under section (3).

 

 

 

(6)       In this section, “relevant ship” means -

 

 

 

 

(a)       a Cyprus ship, wherever she is; or

 

 

 

 

 

(b)       a ship other than a Cyprus ship which is in the jurisdiction of the United Cyprus Republic.

 

 

 

Obligation of the Competent Authority related to port state control.

13.  In exercising her inspection rights and obligations as port State, under the Federal Law on Merchant Shipping (Port State Control), the United Cyprus Republic shall report to the Commission and to other member states, and inform the flag state concerned, the discovery of the issue of valid certificates by organizations acting on behalf of a flag state to a ship which does not fulfil the relevant requirements of the International Conventions, or of any failure of a ship carrying a valid class certificate and relating to items covered by that certificate.  Only cases of ships representing a serious threat to safety and the environment or showing evidence of particularly negligent behaviour of the organisations shall be reported for the purposes of this section.  The recognized organization concerned -

 

 

 

 

(a)       shall be advised of the case at the time of the initial inspection; and

 

 

 

 

 

(b)       shall have the obligation to take appropriate follow-up action immediately.

Compliance of Cyprus ships with the requirements of a recognised organization.

.14-(1) Cyprus ships shall be constructed and maintained in conformity with the hull, machinery and electrical and control installation requirements of a recognized organization.

 

(2) All Cyprus ships, to which the International Conventions apply, must be classified by a recognized organization.

 

(3)(a)   The Competent Authority may decide to apply rules it considers equivalent to those of a recognized organization.

 

   (b)    The provisions of paragraph (a) shall have effect, provided that the Competent Authority shall immediately notify the rules it considers equivalent to those of a recognized organization  to the Commission and to  other member states and that such rules are not objected to by any other member state or the Commission and are not found not to be equivalent.

 

 

Duties of recognized organisations.

15.-(1) Every recognized organization enjoying an authorisation in force granted by the Competent Authority under section 5 or having its place of location in the United Cyprus Republic shall consult with all other recognized organizations periodically with a view to maintaining equivalence of their technical standards and the implementation thereof in line with the provisions of IMO Resolution A.847(20) on guidelines to assist flag states in the implementation of IMO instruments.  They shall provide the Commission with periodic reports on fundamental progress in standards.

 

 (2)  Every recognized organization enjoying an authorisation in force granted by the Competent Authority or having its place of location in the United Cyprus Republic shall  cooperate with the Competent Authority and the Surveyors of ships when Cyprus ships of their class are concerned, in order, in particular, to facilitate the rectification of reported deficiencies or other discrepancies.

 

(3) Every recognized organization enjoying an authorisation in force granted by the Competent Authority under section 5 shall provide to the Competent Authority and the Commission all relevant information about its classed fleet, transfers, changes, suspensions and withdrawals of class, irrespective of the flag the vessels fly.  Every such recognized organization shall communicate to the Sirenac information system and shall publish on its website, if it has one, in the Internet, every information on transfers, changes, suspensions, and withdrawals of class, including information on all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued against their classed vessels, irrespective of the flag the vessels fly.

 

(4)(a)  It is prohibited for a recognized organization –

 

(i)    enjoying an authorisation in force granted by the Competent Authority under section 5, to issue certificates in relation to a Cyprus ship, or

(ii)   having its place of location in the United Cyprus Republic, to issue certificates in relation to a ship, irrespective of the flag such a ship flies,

 

if such a ship, for safety reasons, has either  been declassed or is in the process of changing class, or has had its class provisionally suspended, before giving the opportunity to the competent administration of the flag state to give its opinion within a reasonable time to determine whether a full inspection is necessary. .

 

 

 

(b)  Any certificate is null and void if issued in infringement or omission of compliance with paragraph (a).

 

 

 

(5)  In case of transfer of class -

 

 

 

 

(a)       of a Cyprus ship from a recognized organization enjoying an authorisation in force granted by the Competent Authority under section 5 (hereinafter referred to as “the losing organization”), or

 

 

(b)       of a ship, irrespective of the flag it flies, from a recognized organization having its place of location in the United Cyprus Republic (hereinafter referred to as “the losing organization”),

 

 

 

 

 

            to any other organization (hereinafter referred to as “the gaining organization”) -

 

 

 

 

 

(aa)  the losing organization shall inform the gaining organization of all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued against the vessel;

 

 

 

 

 

(bb)  on transfer, the losing organization shall provide the gaining organization with the complete history file of the vessel;

 

 

 

 

 

(cc)   the gaining organization may issue the certificates of the relevant ship only after all overdue surveys have been satisfactorily completed and all overdue recommendations or conditions of class previously issued against the ship have been completed as specified by the losing organization; and

 

 

(dd)  prior to the issuance of the certificates, the gaining organization shall advise the losing organization of the date of issue of the certificates and confirm the date, location and action taken to satisfy each overdue survey, overdue recommendation and overdue condition of class.

 

 

 

(6)  Every recognized organization enjoying an authorisation in force granted by the Competent Authority under section 5 or having its place of location in the United Cyprus Republic shall cooperate with all other recognized organizations in properly implementing Article 15(5) of Directive 94/57/EC.

 

 

Savings.

 

 

 

 

 

 

 

 

 

16 (1) Certificates, which have been issued for Cyprus ships by a recognized  and authorised organization before the entry into force of this Law, shall continue to be valid and shall be deemed as certificates issued under this  Law.

(2) In the case of statutory certificates issued by organisations that were not recognised and authorised before the entry into force of this law, such certificates will be replaced by the Competent Authority upon inspection and surrender of the existing certificates, at no further charge.

 

 

 

Criminal offences.

17.-(1)  An organisation which infringes or omits to comply with any of the provisions of sections 11(4), 13(b) and 15 shall be guilty of a criminal offence and shall be liable to a fine not exceeding  five thousand pounds. 

 

 

 

(2)  An operator of a ship who refuses or fails to ensure compliance of the ship with any of the requirements of section 14(1) and (2) shall be guilty of a criminal offence and shall be liable to imprisonment not exceeding two years or to a fine not exceeding five thousand pounds or to both such penalties.

 

 

 

(3)  A  recognized organization who submits to the Competent Authority under section 6 an application containing false, inaccurate or misleading information or evidence, shall be guilty of a criminal offence and shall be liable to a fine not exceeding five thousand pounds.

 

 

 

(4)  Any person who provides a Surveyor of ships or an authorised Community officer with false, misleading or accurate in information under section (3), shall be guilty of a criminal offence and shall be liable to imprisonment not exceeding six months or to a fine not exceeding two thousand pounds or to a fine both such penalties.

 

 

 

(5)  Where a criminal offence under this Law is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall be guilty of a criminal offence and shall be liable -

 

 

 

 

 

(a)       in relation to the offence established by subsection (1) or (3) to imprisonment not exceeding six months or to a five not exceeding four thousand pounds or to both such penalties;

 

 

 

 

 

(b)       in relation to any other criminal offence, to the relevant penalties provided for in this Law.

 

 

 

 

(6)  In case of criminal prosecution for a criminal offence under this Law, it shall be a defence for the defendant to prove that he took all reasonable measures in order to ensure his compliance with the provision relating to the alleged commission of the criminal offence.

 

 

Access to documents.

18.-(1)  The Director shall keep a copy of the international instruments referred to in section (2) and shall provide any person who so requires in writing, by fax or e-mail -

 

 

 

 

(a)       with access to any such instrument, and

 

 

 

 

 

(b)       with a copy of any such instrument, provided that the said person pays to the Director a fee prescribed by the Director, which does not exceed the cost borne by the Directorate for the production of the copy.

 

 

 

(2)  The international instruments in relation to which the Director has an obligation under subsection (1) are the following:

 

 

 

 

(a)       the up-to-date versions referred to in the definition of the term “International Conventions” in section 2(1);

 

 

(b)       the Community Acts by which the exclusion which is referred to in section 2(2) and to which section 8(8) refers is effected;

 

 

 

 

 

(c)        the Circulars referred to in this Law;

 

 

 

 

 

(d)       the IMO Resolutions referred to in this Law;

 

 

 

 

 

(e)       the EN Standards referred to in the Annex of Directive 94/57/EC.

 

 

Orders.

19.  The Member may, for the purposes of up-dating a reference to the Directive 94/57/EC including its Annex issue an Order  published in the Gazette.

 

 

Regulations.

20. The Presidential Council may make Regulations for the better carrying into effect of the provisions of this  Law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

.                                                                                                              

FIRST SCHEDULE

(section 8(4)(a))

 

IMO Resolution A.739 (18)

 

APPENDIX 2

 

                   Elements to be included in an agreement

 

A formal written agreement or equivalent between the administration and the recognized organization should, as a minimum, cover the following items:

 

1.    Application.

2.    Purpose.

3.    General conditions.

4.    The execution of functions under authorization:

  1. Functions in accordance with the general authorization.
  2. Functions in accordance with special (additional) authorization.
  3. Relationship between the organization’s statutory and other related activities.
  4. Functions to co-operate with port States to facilitate the rectification of reported port State control deficiencies or other discrepancies within the organization’s purview.

5.   Legal basis of the functions under authorization:

  1. Acts, regulations and supplementary provisions.
  2. Interpretations.

      3.   Deviations and equivalent solutions.                                                    

6.   Reporting to the administration:

  1. Procedures for reporting in the case of general authorization.
  2. Procedures for reporting in the case of special authorization.
  3. Reporting on classification of ships (assignment of class, alterations and cancellations), as applicable.
  4. Reporting of cases where a ship did not in all respects remain fit to proceed to sea without danger to the ship or persons on board or presenting unreasonable threat of harm to the environment.
  5. Other reporting.

7.   Development of rules and/or regulations – Information:

  1. Co-operation in connection with development of rules and/or regulations – liaison meetings.
  2. Exchange of rules and/or regulations and information.

     3.   Language and form.

8.    Other conditions:

  1. Remuneration.
  2. Rules for administrative proceedings.
  3. Confidentiality.
  4. Liability.
  5. Financial responsibility.
  6. Entry into force.
  7. Termination.
  8. Breach of agreement.
  9. Settlement of disputes.
  10. Use of sub-contractors.
  11. Issue of the agreement.
  12. Amendments.

9. Specification of the authorization from the administration to the organization:

  1. Ship types and sizes.
  2. Conventions and other instruments, including relevant national legislation.
  3. Approval of drawings.
  4. Approval of material and equipment.
  5. Surveys.
  6. Issuance of certificates.
  7. Corrective actions.
  8. Withdrawal of certificates.

      9.  Reporting.

10. The administration’s supervision of duties delegated to the organization:

1.     Documentation of quality-assurance system.

2.     Access to internal instructions, circulars and guidelines.

3.     Access by the administration to the organization’s documentation relevant to the administration’s fleet.

4.     Co-operation with the administration’s inspection and verification work.

5.     Provision of information and statistics on, e.g., damage and casualties relevant to the administration’s fleet.