Federal Law on Safety Rules and Standards for Passenger Ships

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

Foundation Agreement

Annex III, Attachment 11, Law 16

 

 

 

 

 

Federal Law on Merchant Shipping (Safety Rules and Standards for Passenger Ships)

 

 

 

 

 


 

 

For purposes:

(i)            of harmonization with the Community  Acts referred to as:        

(a)         “Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships” (OJ144 of 15.5.1998, p. 1),

 

 

 

                (b)      “Commission Directive 2002/25/EC of 5 March 2002 amending Council Directive 98/18/EC on safety rules and standards for passenger ships” (OJ 098, of 15.4.2002 p.1);

 

 

 

                (c)      “Directive 2003/24/EC of the European Parliament and of the Council of 14 April 2003 amending directive 98/18/EC on safety rules and standards for passenger ships” (OJ  L 123, 17.5.2003, p.18); 

 

 

 

              (d)      “Commission  Directive  2003/75/EC of the  of 29 July 2003 amending Annex I to Council  directive 98/18/EC on safety rules and standards for passenger ships”  (OJ L 190, of 30.7.2003 p.6) and     

 

 

 

     (ii)   harmonization of Article 7 of the Community Act referred to as “Directive 2002/84/EC of the  European Parliament and of the Council of 5 November 2002 amending the directive 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 (Safety Rules and Standards for Passenger Ships).

 

 

Interpretation.

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

 

 

 

 “administration of the flag state” means the competent authorities of the state whose flag the ship or craft is entitled to fly;

 

 

 

    “age”  means the age of the ship, expressed in number of the years after the date of its delivery;

 

 

 

    “bow height” means the bow height defined in Regulation 39 of the 1966 International Convention on Load Lines as the vertical distance at the forward perpendicular between the waterline corresponding to the assigned summer freeboard and the designed trim and the top of the exposed deck at side;

 

 

 

     “Code of Safety for Dynamically Supported Craft” or “DSC Code” means the Code of Safety for Dynamically Supported Graft contained in IMO Assembly Resolution A.373 (X) of 14 November 1977, in its up to date version, the text of which is submitted to the Directorate and to which the public has access;

 

 

 

    “Commission” means the Commission of the European Union;

 

 

 

   “Competent Authority” means the Competent Authority for the implementation of the provisions of this Law and of the Regulations made thereunder shall be the Directorate;

 

 

 

    “Council” means the Council of the European Union;

 

 

 

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

 

 

 

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

 

 

 

   “directive 98/18/EC”  means the  Council directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships, as it was last amended by Commission directive 2003/75/EK amending annex I to Council directive 98/18/EC on safety rules and standards for passenger ships;

 

 

 

    “domestic voyage” means a voyage in sea areas from a port of a member state to the same or another port within the same member state;

 

 

 

    “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 new;

 

 

 

 “Gazette” means the federal Official Gazette;

 

 

 

    “GMDSS” (Global Maritime Distress and Safety System) means the Global Maritime Distress and Safety System as laid down in Chapter IV of the SOLAS Convention;

 

 

 

    “High Speed Craft Code” or “HSC Code” means the International Code for Safety of High Speed Craft contained in IMO Maritime Safety Committee Resolution MSC 36 (63) of 20 May 1994, in its up to date version,  the text of which is submitted to the Directorate  and to which  the public has access;

 

 

 

    “high speed passenger craft” means a high speed craft as defined in Regulation 1 of Chapter X  of SOLAS Convention, which carries more than 12 passengers, but it does not include high speed passenger craft engaged on domestic voyages in sea areas of Class B, C or D when-

 

 

 

 

(a)

their displacement corresponding to the design waterline is less than 500 m3, and

 

(b)

their maximum speed, as defined in paragraph 1.4.30 of the  HSC Code, is less than 20 knots;

 

 

 

 

    “host state” means a member state to or from whose port or ports a ship or craft, flying a flag other than the flag of the member state, is carrying out domestic voyages;

 

 

 

    “IMO” means the International Maritime Organization;

 

 

 

    “Intact Stability Code” means the Code on Intact Stability for all types of ships covered by IMO Instruments contained in IMO Assembly Resolution A.749 (18) of 4 November 1993,  in its up to date version,  the text of which is  submitted to  the Directorate  and to which the public has access;

 

 

 

“International Convention” means the SOLAS Convention and the  “LL Convention”;

 

 

 

    “international voyage” means a voyage by sea from a port of a member state to a port outside that member state or conversely;

 

 

 

“LL Convention” means the International Convention on Load Lines of 1966, together with the Protocols and amendments there to, in their up to date version, the texts of which are submitted to the Directorate and to which the public has access;

 

 

 

    “length of a ship” means 96% of the total length on a water line at 85% of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that be greater.  It is provided that in ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;

 

 

 

    “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;

 

 

 

    “mile” means a nautical mile, namely a unit of length equal to
1, 852 meters;

 

 

 

 “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 98/18/EC to new ship shall be read as a reference to new ship under this Law;

 

 

 

“operator of the passenger ship or the high speed passenger craft” means the owner or any other person such as the manager or the bare boat charterer who has taken operational control of the ship or the craft from the owner and by assuming such responsibility has agreed to assume all duties and obligations 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;

 

 

 

    “passenger” means every person other than-

 

 

 

 

(a)

the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship, and

 

(b)

children under one year of age;

 

 

 

  “passenger ship” means a ship which carries more than 12 passengers;

 

 

 

     “persons with reduced mobility” means anyone who has a particular difficulty when using public transport, including elderly persons, disabled persons, persons with sensory impairments, persons with diminished mental capacity, wheelchair users, pregnant women and persons accompanying small children;

 

 

 

    “place of refuge” means any naturally or artificially sheltered area which may be used as a shelter by a ship or craft under conditions likely to endanger its safety;

 

 

 

    “port area” means an area other than a sea area, as defined by the member states, extending to the outermost permanent harbour works forming an integral part of the harbour system, or to the limits defined by natural geographical features protecting an estuary or similar sheltered area;

 

 

 

    “recognized organization” means an organization which is recognized pursuant to Article 4 of Council Directive 94/57/EC of 22 November 1994;

 

 

 

“ro-ro passenger ship” means a ship carrying more than 12 passengers, having ro-ro cargo spaces or special category spaces as defined in Regulation 11-2/A/2 contained in Annex I of Directive 98/18/EC;

 

 

 

"SOLAS Convention" means the International Convention for the Safety of Life at Sea, as later amended, as may be in force for the time being in United Cyprus Republic, the texts of which are submitted to the Directorate and to which the public has access;

 

 

 

    “sea area” means an area as established pursuant to subsection (2) of section 5, however for the application of the provisions on radiocommunications the definitions of sea areas will be those defined in Regulation 2, Chapter IV, of the SOLAS Convention;

 

 

 

    “ship with a full deck” means a ship that is provided with a complete deck, exposed to weather and sea, which has permanent means of closing all openings in the weatherpart thereof and below which all openings in the sides of the ship are fitted with permanent means of at least weathertight closing; the complete deck may be a watertight deck or equivalent structure consisting of a non-watertight deck completely covered by a weathertight structure of adequate strength to maintain the weathertight integrity and fitted with weathertight closing appliances;

 

 

 

    “significant wave height” is the average height of the one third highest observed wave heights over a given period;

 

 

 

    “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.

 

 

 

 

     (2) The definitions of the terms “Intact Stability Code” “High Speed Craft Code”, “LL Convention” and “SOLAS Convention” in section (1), do not include the amendment to the international instruments referred to in such definitions, which are excludedfrom the scope of directive 98/18/EC, pursuant to Article 5 of Regulation (EC) no 2099/2002 of Committee on Safe Seas and the Prevention of Pollution from ships (COSS).

 

 

 

Purpose of the Law.

 3. The purpose of this Law is to introduce a uniform level of safety of life and property, as well as the protection of the environment on new and existing passenger ships and high speed passenger craft, when both categories of ships and craft are engaged on domestic voyages, and to lay down procedures for negotiation at international level with a view to a harmonization of the rules for passenger ships engaged on international voyages.

 

 

Extent of application.

 4.-(1) This Law applies to-

 

(a)

new passenger ships;

 

(b)

existing passenger ships of 24 metres in length and above;

 

(c)

high speed passenger craft;

 

 

 

 

regardless of their flag, when engaged on domestic voyages.

 

 

 

    (2) The Competent Authority shall ensure that passenger ships and high speed passenger crafts, flying the flag of a state which is not a member state, fully comply with the requirements of this Law, before they may be engaged on domestic voyages in United Cyprus Republic.

 

 

 

    (3) This Law does not apply to-

 

 

 

 

(a)

passenger ships, which are-

 

(i)

ships of war and troopships,

 

(ii)

ships not propelled by mechanical means,

 

(iii)

vessels constructed with material other than steel or equivalent and not covered by the standards concerning High Speed Craft Resolution MSC 36 (63), the text of which is deposited with the department of merchant shipping and is open to the public or Dynamically Supported Craft Resolution A.373 (X),

 

(iv)

wooden ships of primitive build,

 

(v)

original, and individual replicas, of historical passenger ships designed before 1965, built predominantly with the original materials,

 

(vi)

pleasure yachts unless they are or will be crewed and carrying more than 12 passengers for commercial purposes,

 

(vii)

ships exclusively engaged in port areas,

 

 

 

 

(b)

high speed passenger crafts, which are-

 

(i)

craft of war and troopcrafts,

 

(ii)

pleasure crafts, unless they are or will be crewed and carrying more than 12 passengers for commercial purposes,

 

(iii)

crafts exclusively engaged in port areas.

 

 

 

Classes of passenger ships.

5.-(1) Passenger ships are divided into the following classes according to the sea area in which they operate-

 

(a)

“class A”: passenger ships engaged on domestic voyages, except the voyages covered by the B, C, and D classes,

 

(b)

“class B”: passenger ships engaged on domestic voyages in the course of which it is at no time more than 20 miles from the line of coast, where shipwrecked persons can land, corresponding to the medium tide height,

 

(c)

“class C”: passenger ships engaged on domestic voyages in sea areas where the probability of exceeding 2,5 m significant wave height is smaller than 10% over one-year period for all-year-round operation, or over a specific restricted period of the year for operation exclusively in such period (e.g summer period operation), in the course of which it is at no time more than 15 miles from a place of refuge, nor more than 5 miles from a place of refuge, nor more than 5 miles from the line of coast, where shipwrecked persons can land, corresponding to the medium tide height,

 

(d)

“class D”: passenger ships engaged on domestic voyages in sea areas where the probability of exceeding 1,5 m significant wave height is smaller than 10% over a one-year period for all-year-round operations, or over a specific restricted period of the year for operation exclusively in such period (e.g summer period operation), in the course of which it is at no time more than 6 miles from the place of refuge, nor more than 3 miles from the line of coast, where shipwrecked persons can land, corresponding to the medium tide height. 

 

 

 

 

    (2) The Competent Authority shall:

 

 

(a)    establish and update, when necessary, a list of sea under its jurisdiction, delimiting the zones for all-year-round operation and, where appropriate, restricted periodical operation of the classes of ships, using the criteria for classes set out in section 1;

 

 

(b)    publish the list in a public database available on the internet site of the Department;

 

 

(c)  notify to the Commission the location of such information, and when modifications are made to this list.

 

 

 

    (3) For high speed passenger crafts the categories defined in Chapter 1 (1.4.10) and (1.4.11) of the High Speed Craft Code shall apply.

 

 

Application.

  6.-(1) Both new and existing passenger ships and high speed passenger crafts when engaged on domestic voyages, shall comply with the relevant safety rules laid down in this Law.

 

 

 

    (2) The Competent Authority shall not withhold from operation, for reasons arising from this Law, passenger ships or high speed passenger crafts, when engaged on domestic voyages, which comply with the requirements of this Law including any additional requirements imposed by a member state in accordance with the provisions of subsection (1) of section 10.

 

 

 

    (3) United Cyprus Republic, acting in its capacity as host State, shall recognize through the Competent Authority the High Speed Craft Safety Certificate and permit to operate issued by another member state for high speed passenger crafts, when engaged on domestic voyages, or the Passenger Ship Safety Certificate, referred to in section 12, issued by another member state for passenger ships when engaged on domestic voyages.

 

 

 

 

 

 

    (4) United Cyprus Republic, acting in its capacity as host State, through the Competent Authority, may inspect a passenger ship or a high-speed passenger crafts, when engaged on domestic voyages, and audit its documentation, in accordance with the Federal Law on Merchant Shipping (Port State Control).

 

 

 

    (5) All shipborne marine equipment, as listed in Part 1 of Annex A of directive 96/98/EC as it is from time to time amended,, and complying with the provisions of the latter, will be considered to be in conformity with the provisions of this Law, whether or not in Annex I of directive 98/18/EC it is required that that equipment must be approved and subjected to tests to the satisfaction of the administration of the flag state.

 

 

Safety requirements.

  7.-(1) With regard to new and existing passenger ships of Classes A, B, C and D-

 

 

 

 

(a)

the construction and maintenance of hull, main and auxiliary machinery, electrical and automatic plants shall comply with the standards specified for classification by the rules of a recognized organization, or equivalent rules used by an Administration in accordance with subsection (3) of section 13 of the Federal Law on Merchant Shipping (Recognition and Authorization of Organizations) .

 

(b)

the provisions of Chapters IV, including the 1988 GMDSS amendments, V and VI of the 1974 Solas Convention, shall apply,

 

(c)

the provisions for shipborne navigational equipment of Regulation 12, Chapter V of the 1974 Solas Convention, shall apply:

 

 

 

 

 

                Provided that shipborne navigational equipment, as listed in Part 1 of Annex A directive 96/98/EC  and complying with the provisions of the latter, is considered to be in conformity with the type approval requirements of Solas Regulation V/12(r).

 

 

 

    (2) With regard to new passenger ships-

 

 

 

 

(a)

general requirements-

 

(i)

 

     

 

  

new passenger ships of Class A shall comply entirely with the requirements of the 1974 Solas Convention and with the specific relevant requirements specified in this Law and in Annex I of directive 98/18/EC.  For those regulations, for which SOLAS  Convention leaves the interpretation to the discretion of the Administration of the State, the Competent Authority shall apply the interpretations as contained in Annex I of Directive 98/18/EC,

 

(ii)

     

new passenger ships of Classes B, C, and D shall comply with the specific relevant requirements specified in Annex I of Directive 98/18/EC;

 

 

 

 

(b)

load line requirements:

 

(i)

all new passenger ships of 24 metres in length and above shall comply with the  LL Convention ,

 

(ii)

criteria with a level of safety equivalent to those of the LL Convention shall be applied in relation to length and Class, to new passenger ships of less than 24 metres in length,

 

(iii)

notwithstanding subparagraphs (i) and (ii), new passenger ships of Class D are exempted from the minimum bow height requirement laid down in the  LL Convention ,

 

(iv)

new passenger ships of Classes A, B, C, and D shall have a full deck.

 

 

 

    (3) With regard to existing passenger ships-

 

 

 

 

(a)

 

existing passenger ships of Class A shall comply with the regulations for existing passenger ships defined in the  SOLAS Convention and with the specific relevant requirements of this Law and Annex I of directive 98/18/EC.  For those regulations, for which Solas leaves the interpretation to the discretion of the State, the Competent Authority shall apply the interpretations as contained in Annex I of directive 98/18/EC;

 

(b)

 

existing passenger ships of Class B shall comply with the specific relevant requirements of this Law and
Annex I of directive 98/18/EC;

 

          (c)

 

existing passenger ships of Classes C and D shall comply with the specific relevant requirements of this Law and Chapter III of Annex I of directive 98/18/EC and in respect of matters not covered by such requirements with the rules of the Administration of the flag State, which shall provide an equivalent level of safety to that of Chapters II-1 and II-2 of Annex I, of directive 98/18/EC while taking into account the specific local operational conditions related to the sea areas in which ships of such Classes may operate:

 

 

 

              Provided that before existing passenger ships of Classes C and D can be engaged on regular domestic voyages in United Cyprus Republic , the administration of the flag state shall obtain concurrence of United Cyprus Republic  on such rules through the Competent Authority;

 

(d)

where the Competent Authority is of the view that rules required by the administration of the host state pursuant to article 6(3)(c) of directive 98/18/EC  are unreasonable, it shall immediately notify the Commission thereof which shall initiate proceedings in accordance with article 9 of directive 98/18/EC in order to take a decision;

 

(e)

repairs, alterations and modifications of a major character and outfitting related thereto shall be in compliance with the requirements for new ships as prescribed in paragraph (a) of subsection 2.  Alterations made to an existing ship which are intended solely to achieve a higher survivability standard, shall not be regarded as modifications of a major character;

 

(f)

 

 

 

 

the provisions:

(i)            of paragraph (a), unless earlier dates are specified in the SOLAS  Convention and

(ii)          the provisions of paragraphs (b) and (c), unless earlier dates are specified in Annex I,  of directive 98/18/EC shall not apply before the dates referred to in the second column of the table below in relation to a ship referred to in the first column of the table below: :

 

TABLE

 

Column 1

Description of ship

Column 2

Date of application of provisions

 

 

1.   Ships the keel of which was laid or which were at a similar stage of construction before 1 January 1940.

 

1st July 2006

 

2.   Ships  the keel of which was laid or which were at a similar stage of  construction on  or after the 1st of January 1940 but before 31st December 1962.

 

1st July 2007

 

3.   Ships the keel of which was laid or which were at a similar stage of construction on or after the 31st December 1962 but before 31st December 1974.

 

1st July 2008

 

4.  Ships the keel of which was laid or which were at a similar stage of Construction on or after the 31st December 1974 but before 31st December 1984.

 

1st July 2009

 

5.  Ships the keel of which was laid or which were at a similar stage of  Construction on  or after 31st December 1984 but before 31st July 1998.

 

1st July 2010

 

 

 

    (4) With regard to high speed passenger crafts-

 

 

 

 

(a)

high speed passenger craft constructed or subjected to repairs, alterations or modifications of a major character, on or after 1 January 1996, shall comply with the requirements of Regulation X/3 of the Solas Convention, unless-

 

(i)

their keel was laid or was at a similar stage of construction not later than the date of entry into force of this Law,

 

(ii)

they fully comply with the requirements of the DSC Code ;

 

(b)

high speed passenger crafts constructed before
1 January 1996 and complying with the requirements of the HSC Code shall continue operation certified under this Code;

 

(c)

high speed passenger crafts constructed before 1 January 1996 and not complying with the requirements of the HSC Code may not be engaged on domestic voyages, unless they were already in operation on domestic voyages in United Cyprus Republic on the date of entry into force of this Law, in which case they may be allowed to continue their domestic operation in United Cyprus Republic.  Such crafts shall comply with the requirements of the DSC Code;

 

(d)

the construction and maintenance of high speed passenger crafts and their equipment shall comply with the rules for the classification of high speed craft of a recognized organization, or equivalent rules used by an Administration, in accordance with subsection(3) of section 3 of the Federal Law on Merchant Shipping (Recognition and Authorisation of Organisations) .

 

 

 

Stability Requirements.

8.-(1)     All ro-ro  passenger ships of Classes A, B and C the keel of which is laid or which are at a similar stage of construction on or after 1 October 2004 shall comply with Articles 6,8 and 9 of 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 it is from time to time  amended.

 

 

 

 

     (2)   All ro-ro passenger ships of classes A and B, the Keel of which is laid or which are at a similar stage of construction before 1 October 2004 shall on the 1st of October 2010 comply with the same provisions provided in subsection (1), unless they are phased out:

 

 

 

 

 

(a)     on the 1st of October 2010 or;

 

 

(b)    on a later date on which they reach the age of 30 years but in any case not later than the 1st of October 2015.

 

 

 

Safety requirements for persons with reduced mobility.

9.-(1)   Persons with reduced mobility, should have safe access based where practicable on the guidelines in Annex III of directive 98/18/EC to all passenger ships of Classes A, B, C and D and to all high-speed passenger craft, used for public transport, the keel of which is laid or which are at a similar stage of construction on or after 1 October 2004.   

 

 

 

     (2)    For the purposes of modification of passenger ships of classes A, B, C, and D and high speed passenger craft used for public transport, the keel of which is laid or which are at a similar stage of construction before 1 October 2004, the guidelines of annex III of directive 98/18/EC shall be applicable as far as it is reasonable and practicable in economic terms.

 

 

 

      (3) The competent authority comply with the requirements set in Article 6B(2), (3)  and  (4)  of directive 98/18/EC

 

 

Additional safety requirements, equivalents, exemptions and safeguard measures.

  10.-(1) If the Competent Authority or group of member states including United Cyprus Republic, consider that the applicable safety requirements should be improved in certain situations, due to specific local circumstances and if the need therefore is demonstrated, they may, subject to the procedure laid down in subsection (4), adopt measures to improve the safety requirements.

 

 

 

    (2) The Competent Authority may, subject to the procedure laid down in subsection (4), adopt measures allowing equivalents for the regulations contained in Annex I, of directive 98/18/EC provided that such equivalents are at least as effective as such regulations.

 

 

 

    (3) Provided there is no reduction in the level of safety, and subject to the procedure laid down in subsection (4), the Competent Authority may adopt measures to exempt ships from certain specific requirements of this Law, for domestic voyages to be carried out in United Cyprus Republic including in its archipelagic sea areas sheltered from open sea effects, under certain operating conditions, such as smaller significant wave height, restricted year period, voyages only during daylight time or under suitable climatic or weather conditions, or restricted trip duration, or proximity of rescue services.

 

 

 

    (4) The Competent Authority which avails itself of the provisions of subsections (1), (2) and (3) shall proceed as follows:

 

 

 

 

(a)

The Competent Authority shall notify the Commission of the measures which it intends to adopt, including particulars to the extent necessary to confirm that the level of safety is adequately maintained;

 

(b)

if, within a period of six months from the notification, it is decided, in accordance with the procedure laid down in Article 9 of Directive 98/18/EC, that the proposed measures are not justified, the said Competent Authority shall be required by the Commission to amend or not to adopt the proposed measures;

 

(c)

the adopted measures shall be specified in Regulations made by virtue of this Law and communicated to the Commission, which shall inform the other member state of all particulars thereof;

 

(d)

any of such measures shall be applied to all passenger ships of the same Class or to crafts when operating under the same specified conditions, without discrimination with regard to their flag or to the nationality or place of establishment of their operator;

 

(e)

the measures referred to in subsection (3) shall only apply as long as the ship or craft operates under the specified conditions.

 

 

 

 

    (5) (a) Where the Competent Authority considers that a passenger ship or craft operating on a domestic voyage within United Cyprus Republic, notwithstanding the fact that it is complying with the provisions of this Law, creates a risk of serious danger to safety of life or property, or environment, the operation of that ship or craft may be suspended or additional safety measures may be imposed, until such time as the danger is removed.

 

           (b) In the above circumstances the Competent Authority shall inform the Commission and the other member states of its decision without delay, giving substantiated reasons therefore.

 

(c)

If the Commission-

 

(i)

examines whether or not the decision of the Competent Authority to suspend the operation of such ship or craft or to impose the additional measures is justified for reasons of serious danger to safety of life or property of the environment; and

 

(ii)

decides, in accordance with the procedure laid down in Article 9 of Directive 98/18/EC, that the suspension or the measures are not justified,

 

the Competent Authority will be required to withdraw the suspension or the measures.

 

 

Surveys.

  11.-(1) Each new passenger ship flying the  flag of United Cyprus Republic shall be subjected by the Competent Authority to the surveys specified below:

 

 

 

 

(a)

A survey before the ship is put into services,

 

(b)

a periodical survey once every 12 months,

 

(c)

additional surveys, as the occasion arises.

 

 

 

 

    (2) Each existing passenger ship flying the  of United Cyprus Republic flag shall be subjected by the Competent Authority to the surveys specified below:

 

 

 

 

(a)

An initial survey, before the ship is put into service on domestic voyages in a host State, or for existing ships flying the Cyprus flag engaged on domestic voyages between ports in United Cyprus Republic;

 

(b)

a periodical survey once every 12 months;

 

(c)

additional surveys, as the occasion arises.

 

 

 

 

    (3)(a) Each high speed passenger craft flying the of United Cyprus Republic  flag having to comply, in accordance with the provisions of subsection (4) of section 7, with the requirements of the HSC Code, shall be subjected by the Competent Authority to the surveys required in the HSC Code.

 

          (b) High Speed passenger craft flying the Cyprus flag, having to comply, in accordance with the provisions of subsection (4) of section 7, with the requirements of the DSC Code, as amended, shall be subjected by the Competent Authority to the surveys required in the DSC Code.

 

 

 

    (4) The relevant procedures and guidelines for surveys for the Passenger Ship Safety Certificate specified in IMO Assembly Resolution A.746 (18) of 4 November 1993, the text of which is deposited with the department of the merchant shipping and is open to the public, on survey guidelines under the harmonized system of survey and certification, as they are in force on 17 March 1998, or procedures designed to achieve the same goal, shall be followed.

 

 

 

    (5) The surveys mentioned in subsections (1), (2) and (3) shall be carried out by the surveyors of ships of the Competent Authority itself, or by the exclusive surveyors of a recognized organization or by the surveyors of the member state authorized by Competent Authority to carry out surveys, with the purpose of ensuring that all applicable requirements of this Law are complied with.

 

 

Certificates.

 

 

  12.-(1) All new and existing passenger ships flying the of United Cyprus Republic  flag shall be provided with a Passenger Ship Safety Certificate in compliance with this Law.  The certificate shall have a format as laid down in Annex II of directive 98/18/EC and shall be issued by the Competent Authority after an initial survey, as described in paragraph (a) of subsection (1) and paragraph (a) of subsection (2) of section 9, has been carried out.

 

 

 

    (2) (a) The Passenger Ship Safety Certificate shall be issued for a period not exceeding 12 months.

 

          (b) The period of validity of the certificate may be extended by the Competent Authority for a period of grace of up to one month from the date of expiry stated on it.

 

          (c) When an extension has been granted, the new period of validity of the certificate starts from the expiry date of the existing certificate before its extension.

 

          (d) The Passenger Ship Safety Certificate shall be renewed after a periodical survey, as described in paragraph (b) of subsection (1) and paragraph (b) of subsection (2) of section has been carried out.

 

 

 

    (3) (a) For high speed passenger crafts flying the of United Cyprus Republic  flag, complying with the requirements of the HSC Code, a high speed craft safety certificate and a permit to operate a high speed craft shall be issued by the Competent Authority, in accordance with the provisions of the HSC Code.

 

          (b) For high speed passenger crafts flying the of United Cyprus Republic  flag, complying with the requirements of the DSC Code, as amended, a DSC construction and equipment certificate and a DSC permit to operate shall be issued by the Competent Authority, in accordance with the provisions of the DSC Code.

 

          (c) Before issuing the permit to operate a high speed passenger craft engaged on domestic voyages in a host State, the Competent Authority shall concur with the host State on any operational conditions associated with operation of the craft in that state.

 

          (d) Any such conditions shall be noted by the Competent Authority on the permit to operate a high speed passenger craft.

 

 

 

    (4) Exemptions granted to ships or craft under and in accordance with the provisions of subsection (3) of section 10 shall be noted on the ship's or the craft's certificate.

 

 

Prohibition of sailing. 

13.-(1) The sailing of passenger ships or of high speed passenger craft, which are subject to the provisions of this Law, is prohibited for as long as they do not comply with -

 

 

 

 

(a)

the requirements of sections
6(1), 7(1)(a), (b) and (c), 7(2)(a) and (b), 7(3)(a), (b), (c) and (e), 7(4)(a), (b) and (c), 11(1) and 12(3)(a) of this Law and of the Regulations made under this Law; or

 

(b)

if they refuse to be subjected to the surveys provided for in section 11.

 

 

 

 

 (2)      If the Competent Authority ascertains any contravention of the provisions laid down in subsection (1) of this section, 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 passenger ship or high speed passenger craft from sailing until the Competent Authority is satisfied that-

 

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

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

 

 

 

          Provided that in case the allegation of unjustified prohibition of sailing or delay is raised the burden of proof lies on the charterer of the passenger ship or of the high speed passenger craft.

 

 

Administrative fine.

14.(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 operator of the passenger ship or of the high speed passenger craft or on 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 or craft has been prohibited under this Law, it shall not allow lifting of the order prohibiting the ship or craft 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 or craft 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 craft; or

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

 

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

 

 

 

 

Hierarchical

recourse.

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

 

(a)          an order of the Competent Authority prohibiting the sailing of a ship or craft 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 or craft;

(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 craft 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 Member 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 Member under sub-section (5), after the lapse of seventy five days from the date of the notification of the decision of the Member.

 

 

Court action for collection of the Adminis-trative Fines

16. 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

17. 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.

18.(1)  A master, who attempts to sail in contravention of the prohibition of sailing imposed on the ship or craft 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 craft 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.

 

 

Orders.

 

 19. The Member may, for the purposes of up-dating a reference to the Annexes of the Directive 98/18/EC issue an Order  published in the Gazette.

Regulations.

  20.-(1) The Presidential Council may make Regulations published in the Gazette for the better carrying into effect of the provisions of this Law.