Federal Law on Marine Equipment

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

Foundation Agreement

Annex III, Attachment 11, Law 13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal Law on Merchant Shipping

(Marine Equipment)

 

 


 


 

For the purposes of harmonisation with the Community Acts referred to as -

 

 

 

 

(a)       "Council Directive 96/98/EC of 20 December 1996 on marine equipment"(OJ L 46 of 17.2.97, p.25), and

 

 

 

 

(b)       "Commission Directive 98/85/EC of 11 November 1998 amending Council Directive 96/98/EC on marine equipment"(OJ L 315 of 25.11.1998, p.14),

 

 

 

 

 

(c)        “Commission Directive 2001/53/EC of 10 July 2001 amending Council Directive 96/98/EC on marine equipment"(OJ L 204 of 28.7.2001, p.1),

 

 

 

 

 

(d)        “Commission Directive 2002/75/EC of September 2002 amending Council Directive 96/98/EC on marine equipment” (OJ L 254 of 23.09.2002, p.1 and:

 

 

 

 

 

(e)    harmonization with Article 5 of the Community Act referred to as “Directive 2002/84/EC of the European Parliament and the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships” (OJ L 324, of 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 (Marine Equipment).

 

 

Interpretation.

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

 

 

 

"a similar stage of construction" means the stage at which-

 

 

 

 

(a)       construction identifiable with a specific ship begins; and

 

 

 

 

(b)       assembly of that ship has commenced, comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less;

 

 

 

"Commission" means the Commission of the European Union;

 

 

 

"Community" means the European Community and all the other contractual parties to the European Economic Area agreement;

 

 

 

"Community ship" means a ship for which safety certificates are issued by or on behalf of member states under international Conventions but does not include a member state’s administration's issuing a certificate for a ship at the request of a third country;

 

 

 

"Competent Authority" means the Competent Authority for the implementation of the provisions of this Law and of the Regulations made there under and shall be the Directorate;

 

 

 

 

"conformity-assessment procedures" means the procedures set out in section 11 and in Annex B of the directive 96/98/EC;            

 

 

 

"Council" means the Council of the European Union;

 

 

 

"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 96/98/EC” means the Council directive of 96/98/EC of 20 December 1996 on marine equipment, as last amended by directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the directives on meantime safety and the prevention of pollution from ships; 

 

 

 

"equipment" means the equipment items listed in Annex A, of the directive 96/98/EC which must be placed or installed on board a ship for use in order to comply with international Instruments  or are voluntarily placed or installed on board for use and for which the approval of the flag state administration is required according to the international Instruments;

 

 

 

“European Economic Area Agreement” means the agreement signed in Oporto on the 2nd of May 1992, as it is from time to time amended.

 

 

 

"existing ship" means a ship which is not a new ship;

 

 

 

"Gazette" means the federal Official Gazette;

 

 

 

"IMO" means the International Maritime Organization;

 

 

 

"international Conventions" means the 1966 International Convention on Load-Lines, the 1972 Convention on the International Regulations for Preventing Collisions at Sea, the 1973 International Convention for the Prevention of Pollution from Ships and the 1974 International Convention for the Safety of Life at Sea together with their Protocols and the amendments thereto in their up to date version as well as the Codes, which are specified from time to time through notification;

 

 

 

"international Instruments" means the relevant international Conventions, the relevant Resolutions and Circulars of the  IMO, and the relevant international testing standards;

 

 

 

 

"mark" means the symbol referred to in section 11 and set out in Annex D of the directive 96/98/EC;

 

 

 

"member state" means a member state of the European Union or any other state which is a contractual party to the European Economic Area agreement;

 

 

 

"Member" means the member of the Presidential Council heading the  Department;

 

 

 

"new ship" means a ship the keel of which is laid or which is at a similar stage of construction on or after the date of the entry into force of this Law and for the purposes of this Law any reference in the directive 96/98/EC to new ship shall be read as a reference to new ship under this Law;

 

 

 

"notification" means the notification of the Competent Authority, which is published in the Gazette;

 

 

 

"notified body" means an organization designated by the Competent Authority in accordance with section 9;

 

 

 

"operator of the ship" means the  owner of the ship or any other person, such as the manager or the bareboat charterer, 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 imposed for the purposes of this Law;

 

 

 

"owner" means the person who owns the ship or a share therein and is registered as such in the Register of Ships of the flag state;

 

 

 

"radiocommunications equipment" means the equipment required by Chapter IV of the SOLAS Convention, as well as two-way VHF radiotelephone apparatus required by Regulation III/6.2.1 of the same Convention;

 

 

 

"safety certificate" means the certificate issued by or on behalf of the Competent Authority in accordance with international Conventions;

 

 

 

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

 

 

 

"testing standards" means the standards set by-

 

 

(a)       The International Maritime Organization (IMO);

 

 

 

 

(b)       The International Organization for Standardization (ISO);

 

 

 

 

 

(c)       The International Electrotechnical Commission (IEC);

 

 

 

 

(d)       The European Committee for Standardization (CEN);

 

 

 

 

(e)  The European Committee for Electrotechnical  Standardization (Cenelec);

 

 

 

 

(f)        The European Telecommunications Standards Institute (ETSI),

 

 

 

 

 

 

 

 

which are in force  in their up-to-date version and established in accordance with the relevant international Conventions and with the relevant IMO Resolutions and Circulars to define testing methods and test results ,the texts of which are submitted to the Directorate  and to which the public has access, but only in the form referred to in Annex A of the directive 96/98/EC;

 

 

 

"third country" means a country which is not a member state;

 

 

 

"type-approval" means the procedures for evaluating equipment produced in accordance with the appropriate testing standards and the issue of the appropriate certificate.

 

 

 

     (2) The conventions and testing standards referred to in the definitions of “international conventions”, “testing standards” and “SOLAS convention” in subsection (1), shall be understood without prejudice to any measures taken in application of Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and the Council of 5 November 2002, establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) (OJ L 324 of 29.11.2002 p.1), as amended from time to time.  

 

 

Purpose.

 

 

 

 

 

3. The purpose of this Law shall be to enhance safety at sea and the prevention of marine pollution through the uniform application of the relevant international Instruments relating to the equipment listed in Annex A of the directive 96/98/EC to be placed or installed on board ships for which safety certificates have been issued by or on behalf of the member states pursuant to international Conventions and to ensure the free movement of such equipment within the Community. 

 

 

Equipment on board ships.

4. -(1) This Law applies to equipment for use on board -

 

 

(a)       a new Cyprus and Community ship whether or not the   ship is situated within the Community at the time of construction; and

 

 

 

 

(b)       an existing Cyprus and Community ship, where such equipment was not previously carried on board or where equipment which was previously carried on board the ship is replaced, except where international Conventions permit otherwise, whether or not the ship is situated within the Community when the equipment is placed on board.

 

 

     (2) This Law shall not apply to equipment which on the date of the entry into force of this Law has already been placed on board a ship.            

 

 

 

     (3) Notwithstanding the fact that the equipment referred to in subsection (1) may fall within the scope of laws other than this Law for the purpose of free movement, and in particular of the laws which are, from time to time, in force aiming to the harmonisation with the Community acts referred to as “Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility" and "Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment",  as amended or substituted, that equipment shall be subject only to this Law, to the exclusion of all others for the purpose of free movement.

 

 

Safety certificates.

5. The Competent Authority, or the organizations acting on its behalf, shall ensure, when issuing or renewing the relevant safety certificates, that the equipment on board Cyprus and Community ships for which it issues safety certificates complies with the requirements of this Law.

 

 

Equipment and international requirements.

 

6. -(1) Saving the provisions of subsection (3) and the provision of Articles 8,14,15 and 16 equipment listed in Part 1 of Annex A of the directive 96/98/EC that is placed on board a Cyprus and a Community ship on or after the date of the entry into force of this Law shall meet the applicable requirements of the international Instruments referred to in that Annex.

 

 

 

 

 

 

 

     (2) The compliance of equipment with the applicable requirements of the international Conventions and of the relevant Resolutions and Circulars of the IMO shall be demonstrated solely in accordance with the relevant testing standards and the conformity-assessment procedures referred to in Part 1 of Annex A of the directive 96/98/EC.  For all items listed in that Annex, where both IEC and ETSI testing standards are given, those standards shall be alternatives and a manufacturer or his authorized   representative established within the Community may determine which of them is to be used.

 

 

Equipment,

safety

certificates

and radio

licence.  

 

   

7. -(1) The Competent Authority or any other appropriate competent authority of Cyprus shall not prohibit the placing on the market or the placing on board a Cyprus and Community ship of equipment or refuse to issue or renew the relevant safety certificates in case where the equipment is referred to in Part 1 of Annex A of the directive 96/98/EC and bears the mark or for other reasons complies with this Law.                 

 

 

 

 

 

 

(2)  Before the relevant safety certificate is issued, a radio licence shall be issued by the Competent Authority in accordance with the provisions of the Radiocommunications Regulations of the International Telecommunications Union as may be in force for the time being in  United Cyprus Republic. 

 

 

Inspection of equipment during registration.                    

8. -(1) A new ship which, irrespective of her flag, is not registered in a member state but is to be transferred to the Cyprus Register, shall, on transfer, be subject to inspection by the Competent Authority in order to verify that the actual condition of her equipment corresponds to her safety certificates and either complies with this Law and bears the mark or is equivalent, to the satisfaction of the Competent Authority, to equipment type-approval in accordance with this Law.                 

 

 

 

     (2) This equipment shall be replaced if it does not bear the mark or if the Competent Authority considers it not to be equivalent.

 

 

 

     (3) Equipment which is considered equivalent pursuant to this section shall be given a certificate by the Competent Authority which shall at all times be carried with the equipment and which includes also the Authority's permission for the equipment to be placed or installed on board the ship and imposes any restrictions or lays down any condition relating to the use of the equipment. The type of the certificate shall be prescribed by the Competent Authority.

 

 

 

     (4) In the case of radiocommunications equipment, the Competent Authority shall require that such equipment   does not unduly affect the requirements of the radio-frequency spectrum.

 

 

Notified bodies.

 

 

 

 

 

 

 

 

9.-(1) The Competent Authority shall notify the Commission and the other Member States of the bodies which they have been designated to carry out the procedures set out in section 10 together with the specific tasks which those notified bodies have designated to carry out and the identification numbers assigned to them by the Commission. Each organization shall submit to the Competent Authority which intends to designate it complete information and evidence concerning the compliance with the criteria laid down in Annex C of the directive 96/98/EC

 

 

 

 

 

 

     (2) The Competent Authority or an impartial external organization appointed by it, shall, at least once every two years, carry out an audit of the duties its notified bodies are undertaking on its behalf. That audit shall ensure that the notified body continues to fulfil the criteria laid down in Annex C of the directive 96/98/EC

 

 

 

 

 

 

     (3) The Competent Authority shall withdraw the designation of a notified body,  if it finds that that body no longer complies with the criteria laid down in Annex C of the directive 96/98/EC and shall immediately inform the Commission and the other member states.            

 

 

Conformity-assessment procedure.

 

 

 

 

 

 

 

10.-(1)  The conformity-assessment procedure, details of which are listed in Annex B of the directive 96/98/EC shall be as follows:            

 

 

(a)       EC type-examination (European Communities) (module B) and, before equipment is placed on the market and according to the choice made by the manufacturer or his authorized representative established within the Community from the possibilities indicated in Part 1 of Annex A of the directive 96/98/EC all equipment shall be subject to -

 

 

 

 

(i)                       EC declaration of conformity to type (MODULE C); or

(ii)            EC declaration of conformity to type (production-quality assurance) (MODULE D); or

(iii)           EC declaration of conformity to type (product-quality assurance) (MODULE E); or

(iv)           EC declaration of conformity to type (product                                          verification) (MODULE F); or

 

 

 

 

 

(b)       EC full-quality assurance (MODULE H).

 

 

 

 

     (2) The declaration of conformity to type shall be in writing form and shall include the information specified in Annex B of the directive 96/98/EC

 

 

 

     (3) Where sets of equipment are produced individually or in   small quantities and not in series or in mass, the conformity-assessment procedure may be the EC unit verification (MODULE G).                

 

 

 

     (4) The Commission shall keep an up-to-date list, of approved equipment and applications withdrawn or refused and shall make it available to interested parties.

 

 

Conformity-assessment mark.

 

 

11. -(1) Equipment referred to in Part 1 of Annex A of directive 96/98/EC which complies with the relevant international Instruments and is manufactured in accordance with the conformity-assessment procedures shall have the mark affixed to it by the manufacturer or his authorized representative established within the Community.

 

 

 

     (2) The mark shall be followed by the identification number of the notified body which has performed the conformity-assessment procedure, if that body is involved in the production-control phase, and by the last two digits of the number of the year in which the mark is affixed. The identification number of the notified body shall be affixed under its responsibility either by the body itself or by the manufacturer or his representative established within the Community

 

 

 

     (3) The mark is set out in Annex D of directive 96/98/EC                  

 

 

 

      (4) The mark shall be affixed to the equipment or to its data plate so as to be visible, legible and indelible throughout the anticipated useful life of the equipment. Where that is not possible or not warranted on account of the nature of the piece of equipment, the mark shall be affixed to the packaging of the product, to a label or to a leaflet.

 

 

 

      (5) No marks or inscriptions which are likely to mislead third parties with regard to the meaning or the graphics of the mark referred to in this Law shall be affixed.

 

 

 

     (6) The mark shall be affixed at the end of the production phase.                 

 

 

Sample check on equipment bearing the mark.

 

 

 

12. -(1) Notwithstanding the provisions of section 7, the Competent Authority may carry out sample checks on equipment bearing the mark which is on the Cyprus market and which has not yet been placed on board, in order to ensure that it complies with the provisions of this Law. Sample checks which are not provided for in the modules for conformity assessment in Annex B of the directive 96/98/EC shall be carried out at the expense of  United Cyprus Republic.                  

 

 

 

(2) Notwithstanding the provisions of section 7, after the   installation of equipment which complies with the provisions of this Law on board a Cyprus or Community ship, the evaluation by the Competent Authority of that equipment shall be permitted when operational on-board performance tests are required by international Instruments for safety and/or pollution-prevention purposes, provided that they do not duplicate the conformity-assessment procedures already carried out.

 

 

 

       (3) The Competent Authority may require the manufacturer of the equipment, his authorized representative established within the Community or the person responsible for marketing the equipment within the Community market to provide the inspection/testing reports.

 

 

Withdrawal of equipment.

13. -(1) Where it is ascertained by inspection or otherwise that notwithstanding the fact that it bears the mark, a piece of equipment referred to in Part 1 of Annex A of directive 96/98/EC when correctly installed, maintained and used for its intended purpose, may compromise the health and/or safety of the crew, the passengers or, where applicable, other persons, or adversely affect the marine environment, the Competent Authority and any other appropriate competent authority of  United Cyprus Republic shall take all appropriate temporary measures in order to withdraw the equipment from the market or prohibit or restrict its disposal in the market or its use on board a ship for which it  issues the safety certificates .

 

 

 

      (2) The said authorities indicate the reasons for their decision and, in particular, whether non-compliance with this Law is due to -

 

 

 

 

(a)         failure to comply with subsections (1) and (2) of section 6;

 

 

 

 

(b)       incorrect application of the testing standards referred to in subsections (1) and (2) of section 6; or

 

 

 

 

 

(c)       shortcomings in the testing standards themselves.

 

 

 

     (3) When applying subsections (1) and (2), the Competent Authority shall immediately inform the other member states and the Commission. In such a case the Competent Authority shall be informed by the Commission whether the measures taken are justified or not and if not then these shall be re-examined by the Competent Authority.

 

 

 

      (4) Where a non-complying piece of equipment bears the    mark, the Competent Authority shall take all appropriate measures over whomsoever affixed the mark and shall inform the Commission and the other member states.                               

 

 

Exceptions due to technical innovations.

14. -(1) Notwithstanding the provisions of section 6, in exceptional circumstances of technical innovation, the Competent Authority may permit equipment which does not comply with the conformity-assessment procedures to be placed or installed on board a Cyprus and a Community ship if it is established by trial or otherwise to the satisfaction of the Competent Authority that such equipment is at least as effective as equipment which does comply with the conformity-assessment procedures. In the case of radiocommunications equipment, the Competent Authority shall require that such equipment does not unduly affect the requirements of the radio-frequency spectrum.

 

 

 

      (2) Such trial procedures shall in no way discriminate between equipment produced in  United Cyprus Republic and equipment produced in other member states.

 

 

 

      (3) Equipment covered by this section shall be given a certificate by the Competent Authority which shall at all times be carried with the equipment and which gives the Competent Authority's permission for the equipment to be placed on board the ship and imposes any restrictions or lays down any provisions relating to the use of the equipment. The type of the certificate shall be prescribed by the Competent Authority.

 

 

 

     (4) Where the Competent Authority or any other appropriate competent authority of United Cyprus Republic allows equipment covered by the provisions of this section to be placed in the market or on board a Cyprus and a Community ship, the Competent Authority shall forthwith communicate the particulars thereof to the Commission and the other member states together with the reports of all relevant trials, assessments and conformity-assessment procedures.          

 

 

 

     (5) Where a ship with equipment on board which is covered by subsection (1) is transferred to United Cyprus Republic from a register of a member state, the Competed Authority may undertake the measures necessary, which may include tests and practical demonstrations, to ensure that the equipment is at least as effective as equipment which does comply with the conformity-assessment procedures.

 

 

Exceptional placement of equipment for test or assessment reasons.

15. -(1) Notwithstanding the provisions of section 6, the Competent Authority may permit equipment which does not comply with the conformity-assessment procedures or is not covered by the provisions of section 14 to be placed on board a Cyprus and a Community ship for reasons of testing or evaluation of equipment, but only when -

 

 

 

 

(a)       the equipment must be given a certificate by the Competent Authority which must at all times be carried with the equipment and which gives the Competent Authority permission for the equipment to be placed on board the Cyprus and the Community ship and imposes any restrictions or lays down any provisions relating to the use of the equipment;               

 

 

 

 

(b)       the permission must be limited to a short period of time;

 

 

 

 

(c)        the equipment must not be relied on in place of equipment which meets the requirements of this Law and must not replace such equipment, which must remain on  board the Cyprus and the Community ship in working condition and ready for immediate use.                     

 

     (2) In the case of radiocommunications equipment, the Competent Authority shall require that such equipment does not unduly affect the requirements of the radio-frequency spectrum.

 

 

Replacement of equipment in exceptional cases.

16. -(1) Where equipment needs to be replaced in a port outside the Community and in exceptional circumstances which shall be duly justified to the Competent Authority that it is not practicable in terms of reasonable time, delay and cost to place or install on board equipment which is EC type-approved, other equipment may be placed on board in accordance with the following procedure:

 

 

 

 

(a)       the equipment shall be accompanied by documentation issued by a recognized organization equivalent to a notified body, where an agreement has been concluded between the Community and the third country concerned on the mutual recognition of such organizations;

 

 

 

 

(b)       should it prove impossible to comply with the provision of paragraph (a), equipment accompanied by documentation issued by a member state of the IMO which is a party to the relevant Conventions, certifying compliance with the relevant IMO requirements, may be placed or installed on board, subject to subsections (2) and (3).            

 

 

 

      (2) The Competent Authority shall be informed at once of the nature and characteristics of such other equipment.

 

 

 

      (3) The Competent Authority shall, at the earliest opportunity, ensure that the equipment referred to in subsection (1), along with its testing documentation, complies with the relevant requirements of the international Instruments and of this Law

 

 

 

     (4) In the case of radiocommunications equipment, the Competent Authority shall require that such equipment does not unduly affect the requirements of the radio-frequency spectrum.                   

 

 

Prohibition of sailing.

17.(1)  The sailing of ships, which are subject to the provisions of this Law, is prohibited for as long as they do not comply with the requirements of sections 6(1), 8(2), 8(3), 8(4), 11(1), 11(5), 13(1), 14(3), 15(1)(a), 15(2) and 16(4) of this Law and the Regulations made thereunder.

 

(2)       If during, the exercise of inspection the Competent Authority ascertains any contravention of this Law and the Regulations made thereunder, the Competent Authority shall confirm to the master the particular deficiency or irregularity in writing, call the master to explain the situation in writing and issue an order prohibiting the ship from sailing until the Competent Authority is satisfied that-

 

(a)   the deficiencies and irregularities have been rectified and/or the ship is considered safe to sail; and

       (b) the charges for the inspection of the ship, in order to confirm the rectification of the above deficiencies and irregularities and/or ascertainment of the ability of the ship for safe sailing, have been paid by or on behalf of the ship; and.

 (c) in case of an administrative fine being imposed in accordance with the provisions of this Law, such fine has been paid.

 

(3)       An order prohibiting the ship from sailing under sub-section (2) shall also include information about the right to hierarchical recourse underunder this Law.

 

Administrative fine

18.(1)  Contravention of the provisions of this Law and the Regulations made thereunder, shall be punishable, notwithstanding whether a case of criminal or disciplinary liability arises under any other legal provision, with an administrative fine not exceeding five thousand pounds, depending on the seriousness of the contravention.

 

(2)       An administrative fine under sub-section (1) shall be imposed on the owner or the Company or the master, by a reasoned decision of the Competent Authority confirming the contravention.

(3)       The amount of any fine imposed under sub-sections (1) and (2), shall be calculated in each case on the basis of directions issued by the Member under this Law.

 

(4)       The Competent Authority shall notify in writing the person, on whom an administrative fine has been imposed under sub-sections (1) and (2), of its decision imposing the administrative fine and, in case the sailing of the ship has been prohibited under this Law, it shall not allow lifting of the order prohibiting the ship from sailing under this Law, until the administrative fine has been paid, or a bank guarantee issued by a recognized bank of equal amount for the benefit of and with terms satisfying the Competent Authority has been deposited.

 

(5)       A notification under sub-section (4) shall also include information about the right to hierarchical recourse under this Law.

 

(6)       Notwithstanding the provisions of sub-section (4), the sailing of a detained ship which calls regularly in Cyprus may be exceptionally allowed, for only one single return voyage, without the previous payment of the administrative fine imposed or the deposit of a bank guarantee as provided above is effected, so as not to disrupt regular transport services or for any other exceptional reasons, or if the prompt production of a bank guarantee has proved practically impossible-

 

(a)          if the Member approves the sailing of the ship; or

(b)          a personal guarantee for the benefit of and with terms satisfying the Competent Authority has been deposited on behalf of the ship.

 

(7)       Administrative fines and bank guarantees shall be paid to the Federal Government.

 

 

Hierarchical recourse.

19.(1)  A recourse may be filed with the Member against-

 

(a)          an order of the Competent Authority prohibiting the sailing of a ship under this Law; or

(b)          a decision of the Competent Authority imposing an administrative fine under this Law.

 

(2)       A recourse under sub-section (1) shall be filed-

 

(a)          within seventy two hours from the time of issue of the order prohibiting the sailing of the ship;

(b)          within thirty days from the date of notification of the decision to impose an administrative fine in the case of a contravention confirmed in a port of Cyprus; or

(c)          within sixty days from the date of notification of the decision to impose an administrative fine of a contravention confirmed in a foreign port.

 

(3)       A recourse under sub-section (1) shall not suspend the execution of an order prohibiting the sailing of the ship or of a decision imposing an administrative fine.

 

(4)       The Member shall examine the hierarchical recourse and shall, after having heard the interested parties or having given them an opportunity to express their views in writing, issue a decision on the recourse pursuant to sub-section (5)-

 

(a)          in case the recourse relates to an order prohibiting the sailing of a ship, not later than twenty-four hours ; or

(b)          in case the recourse relates to a decision imposing an administrative fine, not later than ten days;

 

from the time of the last hearing or of the receipt of the written submissions of the interested parties.

 

(5)       The Member may decide-

 

(a)          to confirm the challenged order or decision;

(b)          to declare the challenged order or decision null and void;

(c)          to amend the challenged decision; or

(d)          to issue a new decision in substitution for the challenged decision.

 

(6)       A decision under sub-section (5) shall also include information about the right to a recourse to the [Supreme Court of Cyprus in accordance with the provisions of the Federal Law on the Administration of Justice].

 

(7)       A recourse under sub-section (6) shall not suspend the execution of a decision under sub-section (5).

 

(8)       The Competent Authority shall collect any amounts due under a bank guarantee in relation to an administrative fine imposed under this Law-

 

(a)          if no recourse to the Minister is filed under subsection (1), after the lapse of the time limits specified in sub-sections (2)(b) or (c);

(b)          if no recourse to the [Supreme Court of Cyprus] is filed against a decision made by the Minister under sub-section (5), after the lapse of seventy five days from the date of the notification of the decision of the Minister.

 

 

Court action for collection of the Administrative Fines

20.      In case of failure to pay an administrative fine imposed under this Law, the Competent Authority may take steps for the collection of the amount due as a civil debt.

 

 

Fines and costs to be a charge on the ship

21.      Fines or administrative fines imposed under this Law, as well as any  charges for the inspection of the ship after it’s sailing has been prohibited under this Law, constitute a charge on the ship and shall be satisfied in priority against any other creditors, subject to their ranking after the last mortgage.

Criminal offences

22.(1)  A master, who attempts to sail in contravention of the prohibition of sailing imposed on the ship under the provisions of this Law, shall be guilty of an offence, and upon conviction, shall be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding five thousand pounds, or to both such sentences.

 

(2)       The owner, the operator, the agent of the ship or any other person who knowingly aids and/or assists in the commission of an offence under sub-section (1) commits the same offence.

 

(3)       Notwithstanding the provisions of any other Law, a fine imposed under this section constitutes a charge on the ship in respect of which the offence was committed.

 

 

 

(4)      The manufacturer of ship equipment, who in contravention of subsection (3) of section 13 does not withdraw the equipment from the market or does not restrict its disposal in the market in accordance with the measure imposed on him by the Competent Authority, shall be guilty of an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding seven thousand pounds or to both such sentences.

 

 

 

     (5) The manufacturer of ship equipment or any other person placing marks or plates which are likely to mislead third parties as to the meaning or the graphics of the mark referred to in this Law, shall be guilty of an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding seven thousand pounds or to both such sentences.

 

 

 

     (6) The manufacture of ship equipment or any other person placing the mark or identification number of a notified body contrary to section 17, shall be guilty of an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding seven thousand pounds or to both such sentences.

 

 

 

(7)       For the purposes of this section, the competent Court, in case of a ship committing an offence under sub-section (1), whilst within any Cyprus port or anchorage, is the competent Court of the respective constituent State..

 

Orders.

23.  The Member may, for the purposes of up-dating a reference to the Directive 96/98/EC issue an Order published in the Gazette

 

 

Regulations.

24. The Presidential Council may make Regulations published in the Gazette for the better carrying into effect of the provisions of this Law.