examination of the preparedness of serbia in the field of ... · pdf file• convention on...

40
Republic of Serbia Negotiating Group on Transport BILATERAL SCREENING MEETING Examination of the Preparedness of Serbia in the field of Chapter 14: Transport Policy Maritime Transport Brussels, 24-26 February

Upload: phungbao

Post on 12-Mar-2018

215 views

Category:

Documents


3 download

TRANSCRIPT

Republic of Serbia Negotiating Group on Transport

BILATERAL SCREENING MEETING Examination of the Preparedness of Serbia in the field of

Chapter 14: Transport Policy

Maritime Transport

Brussels, 24-26 February

2

Content of the presentation

• General informations

• Access to the market

• Reporting formalities

• International Relations and International Agreements

• Recognised Organisations

• Flag State

• Port State Control and Pilotage

• Vessel traffic monitoring

• Marine equipment, Passenger ships, Safety of fishing vessels, Oil tankers, Bulk carriers

• Social aspects

• Marine Environment Protection

3

GENERAL INFORMATIONS

• The Republic of Serbia is the land-locked country. Recognizing importance of a maritime industry alignment with the EU and international legislation has been initiated in 2010

• The Law on Maritime Navigation and the Law on Vessels Nationality and Registration have been adopted

• The Strategy on Development of Waterborne Transport 2015-2025 has been adopted (Part VI of the Strategy considers development of maritime economy)

• Registered around 5.000 seafarers, no authorized Maritime Education and Training Institutions at the moment

• No sea-going ships registered in the National Shipping Register nor in the International Shipping Register at the moment.

4

Access to the market

• Council Regulation (EEC) No 3577/92 applying the principle of freedom to provide services to maritime transport within the Member States (maritime cabotage)

• Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between the Member States and between the Member States and third countries

• Council Regulation (EEC) No 4058/86 of 22 December 1986 concerning coordinated action to safeguard free access to cargoes in ocean trades

• Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91

5

Access to the market

• National legislation has been harmonized with Regulation (EC) No 789/2004 in part which prescribes scope of application, transfer of register, refusal of transfer and interpretation.

• Complete harmonisation shall be achieved by adoption of Law on amendments on the Law on Maritime Navigation

6

Access to the market

• Duo to its status of land-locked country, the Republic of Serbia has no cargo sharing agreements with third countries in terms of Regulation 2055/86. In addition, there is no legal restrictions in international maritime transport sector

• The Republic of Serbia is a party to the UN Convention on a Code of Conduct for Liner Conferences (cancellation is planned)

7

Reporting formalities - Directive 2010/65/EU

• National legislation has been harmonized with the applicable provisions of Directive 2010/65/EU in part which prescribes the list of FAL Documents which domestic ship arriving and departure from port of the coastal state shall report to port authorities

• The alignment has been achieved by the Law on Maritime Navigation

• Complete alignment shall be achieved by adoption of the provisions of the Rulebook on reporting formalities of domestic sea-going ships

8

International Relations and International Agreements

The Republic of Serbia has ratified following international maritime conventions:

• Convention on the International Maritime Organization (IMO CONVENTION)

• International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS 1974)

• Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS PROT 1978)

• Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended (COLREG 1972)

International Convention for the Prevention of Pollution from Ships, 1973, (MARPOL 73);

• Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, as amended (MARPOL 73/78) with Annex I, II, III, IV, V

• Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended (MARPOL PROT 1997)

• Convention on Facilitation of International Maritime Traffic, 1965, as amended (FAL 1965)

• International Convention on Load Lines, 1966 (LL 1966)

• International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 1969)

9

International Relations and International Agreements

• Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC PROT 1992)

• Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (FUND PROT 1992)

• International Convention for Safe Containers, 1972, as amended (CSC 1972)

• Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (PAL 1974)

• Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (PAL PROT 2002)

• Convention on the International Mobile Satellite Organization, as amended (IMSO 1976)

• Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976)

• Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC PROT 1996)

10

International Relations and International Agreements

• International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW 1978)

• 2010 Manila amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 and the Seafarers' Training, Certification and Watchkeeping (STCW) Code (2010 MANILA STCW AMDTS);

• International Convention on Maritime Search and Rescue, 1979 (SAR 1979)

• Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA)

• Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (SUA PROT)

• Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA 2005)

• International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (BUNKERS 2001)

• International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (AFS 2001)

• Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended (LC 1972)

• Maritime Labour Convention, 2006 (MLC 2006)

11

International Relations and International Agreements Commission Regulation (EEC) No 2158/93 concerning the application

of amendments to SOLAS Convention, and to MARPOL Convention, for the purpose of Council Regulation (EEC) No 613/91

• National legislation has been completely harmonized with the provisions of Commission Regulation (EEC) No 2158/93 by the:

1. Regulation on ratification of SOLAS Convention

2. Regulation on ratification of Protocol of 1978 relating to the SOLAS Convention

3. Regulation on ratification of MARPOL Convention

4. Regulation on ratification of Protocol of 1978 relating to the MARPOL Convention

which prescribes that any further amendments on SOLAS and MARPOL Conventions (including relevant MSC and MEPC resolutions) shall be applicable for Serbia if they are adopted in accordance with procedure for adoption of amendments prescribed by this Conventions.

12

International Relations and International Agreements Council Decisions 2002/762/EC, 2012/22/EU and 2012/23/EU

• National legislation has been harmonized with the provisions of Council Decision 2002/762/EC, Council Decisions 2012/22/EU and 2012/23/EU in part which prescribes mandatory ratification of the Bunkers Convention and the Athens Convention, as amended by the Protocol of 2002

• The alignment has been achieved by adoption of the:

1. Law on ratification of International Convention on Civil Liability for Bunker Oil Pollution Damage

2. Law on ratification of Athens convention relating to the carriage of passengers and their luggage by sea, 1974, and Protocol of 2002 to the Athens convention

• Complete alignment shall be achieved by adoption of the provisions of the Merchant Shipping Law

13

Recognised Organisations

• Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations

• Commission Decision 2009/491/EC of 16 June 2009 on criteria to be followed in order to decide when the performance of an organisation acting on behalf of a flag State can be considered an unacceptable threat to safety and the environment

• Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations, as amended

14

The national legislation has been harmonized with the provisions of Directive 2009/15/EC, Commission Decision 2009/491/EC and Regulation (EC) No 391/2009 in parts which prescribe: 1) definition of RO, 2) autorisations of RO’s to undertake inspections and surveys related to statutory certificates and to issue or renew the related certificates, and monitoring of recognised organisation by the Ministry every two years, 4) ships flying Serbian flag shall be designed, constructed, equipped and maintained in accordance with the rules and procedures relating to hull, machinery and electrical and control installation requirements of a recognised organisation. 5) possibility that the Ministry decide to use rules it considers equivalent to the rules and procedures of a recognised organisation only on the proviso that it immediately notifies them to the Commission and is not objected to by the EC, obligation of the Ministry to cooperate with the RO in the development of the rules and procedures of those organisations 6) Authorization for the Minister to conclude agreement between the Ministry and recognized organizations, in accordance with the internationally adopted standards, which shall determine the extent, conditions, rights and responsibilities for technical inspection of ships and issuance of ship’s documents and books, on the proviso that the Minister can conclude a agreement only with recognized organizations recognized by the European Commission

Recognised Organisations

15

Recognised Organisations

• The alignment has been achieved by the Law on Maritime Navigation

• The Ministry set out a ‘working relationship’ in terms of Directive 2009/15 with:

1. Bureau Veritas

2. Det Norske Veritas

3. American Bureau of Shipping

4. Nippon Kaiji Kyokai

5. Korean Register of Shipping

6. Russian Maritime Register of Shipping

• Complet alignment with the EU legislation shall be achieved by adoption of the Rulebook on Recognized Organization

16

Flag State, Insurance, Liability, ISM Code, Training of Seafarers

• Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements

• Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006

• Directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claims

• Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community

• Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers, as amended

• Regulation (EC) 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) no 3051/95

• Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents

17

Directive 2009/21/EC of the European Parliament and of the Council on compliance

with flag State requirements

• National legislation has been completely harmonized with Directive 2009/21/EC

• Alignment has been achieved by the provisions of the Law on Maritime Navigation and the Law on Vessels Nationality and Registration

• The mentioned Laws regulate:

1. development, implementation and maintenance of a quality management system within administration institutions and their report for an IMO Audit Scheme once every seven years

2. determination of seaworthiness as a precondition to obtain right to fly Serbian flag

3. measures to be taken after inspection by the authorities of the port state in which ports domestic ship calling

4. information's concerning ships flying Serbian flag which shall be kept and remain readily accessible for other flag state authorities

18

Directive 2013/54/EU

• National legislation has been harmonized with the provisions of Directive 2013/54/EU in a parts which prescribe:

1. submitting of the complaint by the seafarer regarding working and living condition on aboard a ship,

2. conditions to be met by inspectors performing inspection of on board working and living conditions of seafarers,

3. procedure in situation when a port authority of the EU Member State in which port a domestic ship calls receives a complaint which it does not consider manifestly unfounded or obtains evidence that the domestic ship does not conform to the standards regarding health requirements, living and working conditions of the crew, and submit that complaint to the Government of the Republic of Serbia,

4. Rights, duties and authorities of inspector performing inspection of on board working and living conditions of seafarers, List of items to be checked during inspection

5. Mandatory insurance for repatriation of seafarers

19

Directive 2013/54/EU

• The alignment with provisions of Directive 2013/54/EU has been achieved by:

1. Law on Maritime Navigation

2. Law on ratification of Maritime Labour Convention, 2006

• Completely alignment with Directive 2013/54/EU shall be achieved by adoption of the Rulebook on Recognized Organization

20

Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents

Directive 2009/20/EC of the European Parliament and of the Council on the insurance of shipowners for maritime claims

• By the provisions of:

1. The Law on ratification of Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (PAL 1974) and Protocol of 2002 to the Athens Convention

2. The Law on ratification of Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976) and Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976

it is provided basis for alignment with provisions of the Regulation (EC) No 392/2009 and Directive 2009/20/EC

• Completely alignment shall be achieved by adoption of the Merchant Shipping Law

21

Regulation (EC) 336/2006 on the implementation of the International Safety Management Code

within the Community

• National legislation has been harmonized with the provisions of Regulation (EC) 336/2006 in part which prescribes obligation of a shipowner or company of the domestic ship to develop, implement and maintain a safety management system in line with Chapter IX of the SOLAS Convention and ISM Code

• The alignment has been achieved by the Law on Maritime Navigation

• Completely alignment with Regulation (EC) 336/2006 shall be achieved by adoption of the Technical Rules for Sea-going Ships

22

Council Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from ports

of the Member States of the Community

• National legislation has been completely harmonized with applicable provisions of Directive 98/41/EC

• Alignment has been achieved by the Law on Maritime Navigation and the Rulebook on type of information, method of collection and record keeping of the information's which domestic passenger ship has to record regarding passengers on the passenger ship (“Official Gazette of the RS”, No. 1/15).

• The mentioned acts prescribe: definitions, scope of application, obligation that all persons on board any passenger ship which departs from a port shall be counted before that passenger ship departs and communicated to the master of the passenger ship and to the company's passenger registrar, information’s to be recorded, obligation of a master to ensure that the number of persons on board does not exceed the number the passenger ship is permitted to carry, obligation of a company to set up a system for the registration of passenger information, appoint a passenger registrar and ensure that the prescribed information is at all times readily available for transmission to the designated authority for search and rescue purposes in the event of an emergency or in the aftermath of an accident as well as to ensure that information concerning persons who have declared a need for special care or assistance in emergency situations is properly recorded and communicated to the master before the passenger ship departs, obligation of the Ministry to carry out random checks on the proper functioning of the registration systems and functional criteria of the registration systems

23

Directive 2008/106/EC on the minimum level of training of seafarers, as amended

• National legislation has been completely harmonized with applicable provisions of Directive 2008/106/EC, as amended

• Alignment has been achieved by:

1. Law on Maritime Navigation

2. Regulation on qualifications and conditions for obtaining qualifications and certificates of seafarers,

3. Rulebook on medical examination of seafarers

4. Regulation on methods and procedures relating to the watchkeeping duties on serbian flagged seagoing ships, as well as other ship’s duties relating to safety of navigation and prevention of pollution of the sea

• The mentioned act stipulate scope of application, qualifications, training and certification regarding qualifications, certificates and endorsements, training requirements, prevention of fraud and other unlawful practices, quality standards, Medical standards — issue and registration of certificates, revalidation of certificates, use of simulators, responsibilities of companies, Fitness for duty, requirements regarding maritime education and training institutions and its personnel, on-board communication and recognition of certificates

24

Social aspects

• Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST), OJ L 167, 2.7.1999, p. 33 - It should be noted that this directive has Article 139 as legal basis as it implement agreements concluded between the social partners at European level

• Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports

• Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC

25

Council Directive 1999/63/EC and Directive 1999/95/EC

• National legislation has been harmonized with provisions of Directive 1999/63/EC in parts which prescribe Minimum age of persons to be employed or hired and able to work on board a Serbian flagged vessel (minimum age is 16 years old), Maximum hours of work (14 hours in any 24-hour period and 72 hours in any seven-day period) and minimum hours of rest of seafarers (10 hours in any 24-hour period and 77 hours in any seven-day period), Obligation to poste table of shipboard working arrangements and maintain on board Records of seafarers’ daily hours of rest, Working standards for young seafarers (minimum age, work at night, working hours and working conditions), Right of a ship master to suspend a schedule of hours of work or hours of rest under the prescribed conditions, Entitlement to paid annual leave, Minimum manning requirements, Medical examination of seafarers

• The alignment has been achieved by the provisions of:

1. Law on Maritime Navigation,

2. Rulebook on content and forms of table of shipboard working arrangements and records of seafarers’ daily hours of rest,

3. Rulebook on medical examinations of seafarers,

4. Rulebook on minimum number of crew members for the safe navigation of sea-going ships and other crafts of merchant marine,

5. Regulation on methods and procedures relating to the watchkeeping duties on Serbian flagged seagoing ships, as well as other ship’s duties relating to safety of navigation and prevention of pollution of the sea

26

Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations

and the European Transport Workers’ Federation on the MLC Convention, 2006

• National legislation has been harmonized with provisions of Directive 2009/13/EC in parts

which prescribe: Definitions of terms “seafarer” and “shipowner (company)”, Provisions on content and signing of a Seafarers’ employment agreement, availability of Collective bargaining agreement on board ship and exceptions in that regard as well as a content of document containing a record of seafarers’ employment on board the ship, Maximum hours of work and minimum hours of rest of seafarers, Working standards for young seafarers (person under 18 years old) – minimum age, work at night, working hours and working conditions, Entitlement to paid annual leave, right of seafarer to take annual leave in the place to which he is entitled to be repatriated or in the place of his residence or temporary residence unless otherwise is stipulated by the seafarers’ employment agreement and exceptions in that regard, Working and living conditions on board and right of seafarer to check the conditions of employment before and after the signing of the contract, Health protection, medical care and welfare, On-board complaint procedures, Medical examination of seafarers (authorized medical practitioner and medical institution for medical examination of seafarers, conditions and manner of obtaining of a Medical Certificate, validity period of Medical Certificate, right on further examination in case of refusing the issuance of medical certificate by the authorized medical practitioner), Repatriation of seafarers, Seafarer compensation for the ship’s loss or foundering

27

Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations

and the European Transport Workers’ Federation on the MLC Convention, 2006

(continued)

• The alignment with Directive 2009/13 has been achieved by the provisions of:

1. Law on Maritime Navigation,

2. Law on ratification of Maritime Labour Convention

3. Rulebook on content and forms of table of shipboard working arrangements and records of seafarers’ daily hours of rest,

4. Rulebook on medical examinations of seafarers,

5. Rulebook on minimum number of crew members for the safe navigation of sea-going ships and other crafts of merchant marine,

6. Regulation on methods and procedures relating to the watchkeeping duties on serbian flagged seagoing ships, as well as other ship’s duties relating to safety of navigation and prevention of pollution of the sea

7. Regulation on qualifications, conditions for obtaining qualfications and certificates of seafarers

8. Regulation on minimum requirements and conditions for improved medical treatment on board sea-going ships

28

Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations

and the European Transport Workers’ Federation on the MLC Convention, 2006

(continued)

• The remaining parts of the Agreement which need to be promulgate into national legislation are:

1.Title 3 of the Agreement - Accommodation and recreational facilities, food and catering (alignment shall be fulfiled by adoption of the Technical Rules on Statutory Certification of Sea-going Ships)

2.Title 4 of the Agreement - Health protection, medical care and welfare, Regulation 4.3. and Standard A4.3 - Health and safety protection and accident prevention (In accordance with the Action Plan for the Implementation of Strategy of Occupational Safety and Health in the Republic of Serbia for the period 2013-2017, the Occupational Safety and Health Directorate shall in cooperation with the Ministry of Construction, Transport and Infrastructure prepare relevant guidelines by the mid of 2016 with the aim to implement national guidelines for the management of occupational safety and health on board ships that fly Serbian flag prescribed by the MLC Convention and Agreement concluded by the ECSA and the FST on the MLC Convention, 2006)

29

Port State Control and Pilotage

• Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control, as amended

• Commission Directive 96/40/EC of 25 June 1996 establishing a common model for an identity card for inspectors carrying out port State control

• Council Directive 79/115/EEC of 21 December 1978 concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel

30

Port State Control and Pilotage

• As a land-locked country without sea ports, Directive

2009/16/EC and Commission Directive 96/40/EC are not applicable for the Republic of Serbia.

_______

• National legislation has been completely harmonized with Directive 2008/106/EC

• Alignment has been achieved by the provision of the Article 15 of the LAW ON MARITIME NAVIGATION which prescribes obligation of a ship master to use pilotage services in places where pilotage is prescribed as compulsory by the coastal state.

31

Vessel traffic monitoring

• Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC, as amended

32

Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system

and repealing Council Directive 93/75/EEC, as amended

• National legislation has been harmonized with applicable provisions of Directive 2002/59/EC in parts which prescribe Vessel Traffic Monitoring And Information System (VTS), Ship’s Routing System, Long-Range Identification And Tracking System (LRIT), Voyage Data Recorder System (VDR) And SAFESEANET

• Alignment has been achieved by the provisions of the Law on Maritime Navigation

• Complete harmonisation shall be achieved by adoption of Technical Rules for Sea-going Ships and Rulebook on content, forms, methods and conditions for issuing and maintaining of documents which domestic ship report in the course of arriving and departure from port of the coastal state, as well as the measures that companies should take to effectively implement procedures for the arrival and/or departure of passengers and crew from a ship at the port

33

Marine equipment, Passenger ships,

Safety of fishing vessels, Oil tankers, Bulk carriers

• Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers

• Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC

• Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services, as amended

• Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships, as amended

• Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships, as amended

• Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over

• Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised equipments and procedures for the safe loading and unloading of bulk carriers, as amended

34

Marine equipment, Passenger ships, Safety of fishing vessels, Oil tankers, Bulk carriers

• By the provisions of the Law on Maritime Navigation it is provided basis for adoption of the by-laws which will enable complete harmonization with provisions of the Regulation (EU) No 530/2012 Directive 2014/90/EU Council Directive 1999/35/EC, as amended, Directive 2003/25/EC, as amended, Directive 2009/45/EC, as amended, and Council Directive 97/70/EC Directive 2001/96/EC

35

Marine Environment Protection

• Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences, as amended

• Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues, as amended

• Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships, as amended

36

Directive 2005/35/EC of the European Parliament and of the Council on ship-source pollution and on the introduction of penalties,

including criminal penalties, for pollution offences, as amended

• National legislation has been harmonized with applicable provisions of Directive 1999/63/EC in parts which prescribe: that ship-source discharges of polluting substances shall be regarded as infringements if committed with intent, recklessly or by serious negligence (these infringements are regarded as criminal offences in accordance with the Law on Maritime Navigation); the Marpol 73/78 discharge regulations relating to discharges of oil and noxious liquid substances; Exceptions and Penalties

• The Alignment has been achieved by the:

1. Law on Maritime Navigation

2. Regulation on ratification of the MARPOL Convention and the Regulation on ratification of Protocol of 1978 relating to the MARPOL Convention

37

Directive 2000/59/EC of the European Parliament and of the Council

on port reception facilities for ship-generated waste and cargo residues, as amended

• National legislation has been harmonized with the applicable provisions of Directive

2000/59/EC in parts which prescribe: obligation of the master of a sea-going ship calling at a Community port, before leaving the port, to deliver all ship-generated waste to a port reception facility as well as to ensure that cargo residues are delivered to a port reception facility in accordance with the provisions of the Marpol 73/78; ship may proceed to the next port of call without delivering the ship-generated waste, if it follows from the information given in accordance with Article 6 and Annex II, that there is sufficient dedicated storage capacity for all ship-generated waste that has been accumulated and will be accumulated during the intended voyage of the ship until the port of delivery; possibility for ship to proceed to the next port of call without delivering the ship-generated waste, if it follows from the information given in accordance with Article 6 and Annex II, that there is sufficient dedicated storage capacity for all ship-generated waste that has been accumulated and will be accumulated during the intended voyage of the ship until the port of delivery; if there are good reasons to believe that adequate facilities are not available at the intended port of delivery, or if this port is unknown, and that there is therefore a risk that the waste will be discharged at sea, obligation of a master to deliver ship generated waste before departure from the port; Notifications by a ship

38

Directive 2000/59/EC of the European Parliament and of the Council on port reception facilities for ship-generated waste

and cargo residues, as amended

(continued)

• The Alignment has been achieved by the Law on Maritime Navigation

• Completely alignment shall be achieved by adoption of the Rulebook on information about the ship and garbage which domestic ship is obliged to submit to the competent authority of the port state

39

Regulation (EC) No 782/2003 on the prohibition of organotin compounds on ships, as amended

• National legislation has been harmonized with the applicable provisions of Directive 2000/59/EC in parts which prescribe: Prohibition of the application and bearing of organotin compounds which act as biocides, and obligation of sea-going ship of 400 gross tonnage and above to carry AFS-Certificate and sea-going ship of 24 metres or more in length, but less than 400 gross tonnage, to carry an AFS-Declaration

• The alignment has been achieved by:

1. Law on Maritime Navigation

2. Law on ratification of the International Convention on the control of harmful anti-fouling systems on ships (AFS Convention)

• Complete alignment shall be achieved by adoption of the Technical Rules for Sea-going Ships

40 40

Thank you for your attention

Ministry of Construction, Transport and Infrastructure