Federal Law on Surveys for the Safe Operation of Regular Ro-Ro Ferries

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

Foundation Agreement

                  Annex III, Attachment 11, Law 17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal Law on Merchant Shipping (Mandatory Surveys for the Safe Operation of Regular Ro-Ro Ferries and High-Speed Passenger Craft Services)

 

 

 

 

 

 

 

 

 


 

 

For the purposes of harmonization with the Community Act referred to as Council Directive 1999/35/EC of 29 April 1999 on a  system of mandatory surveys for the safe operation of regular ro-ro ferries and high-speed passenger craft services (OJ L 138 of 1.6.1999 p.1), as last amended by Community Act referred to as Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships (OJ L 324 of 29.11.202 p.53);

 

 

 

It is hereby provided as follows:

 

 

Short title.

 

1. This Law may be cited as the Federal Law on Merchant Shipping (Mandatory Surveys for the Safe Operation of Regular Ro-Ro Ferries and High-Speed Passenger Craft). 

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 ro-ro ferry or the high- speed passenger craft is entitled to fly;

 

“Annex” means the annex of the Directive;

 

 

 

«certificates» means –

 

 

 

 

 

(a)       for ro-ro ferries and high-speed passenger crafts operating on international voyages, the safety certificates issued under the SOLAS Convention, as amended, together with the relevant records of equipment and, where appropriate, the exemption certificates and permits to operate,

 

 

 

 

 

(b)       for ro-ro ferries and high-speed passenger crafts  engaged on domestic voyages, the safety certificates issued in accordance with the  Federal Law on Merchant Shipping (Safety Rules and Standards of Passenger Ships)   together with the relevant records of equipment and, where appropriate,  exception certificates and permits to operate;

 

 

 

 

 

 

«Code for the Investigation of Marine Casualties» means the Code for Investigating Marine Casualties and Incidents adopted by IMO, by means of Assembly Resolution A.849 (20) of 27 November 1997;

 

 

 

«Commission» means the Commission of the European Union;

 

 

 

«Company» means a company operating one or more ro-ro  ferries, for which a document of certificate has been issued in compliance  with article 5, subsection 2 of the Community Act referred to as “Regulation(EC) no. 3051/95 of the Council of 8 December 1995 on the safety management of  Roll-on/ Roll-off (Ro-Ro)”, as amended or substituted, or a company operating high-speed passenger craft, to which a document of compliance has been issued in accordance with Regulation IX 14 of the SOLAS Convention;

 

 

 

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

 

 

 

 

«Court» means a court of competent jurisdiction;

 

 

“Cyprus” means the United Cyprus Republic;

 

 

«deficiency» means any condition found not in compliance  with the requirements of this Law;

 

 

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

 

 

 

“Directive” means the Act of the European Community entitled as the Council Directive 1999/35/EC of 29 April 1999 in relation to a system of mandatory surveys for the safe operation of regular ro-ro ferries and high-speed passenger craft services as last amended by  Directive 2002/84/EC of the European Parliament and of the Council;

 

 

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

 

 

« domestic voyage» means any voyage in sea areas from a port of Cyprus to the same or another port within Cyprus;

 

 

“European Economic Agreement” means the Agreement that is signed in Oporto at the 2nd May 1992 in its up to date version;

 

 

«exemption certificate» means any certificate issued by virtue of Regulation 1 B/12(a)(vi) of the SOLAS Convention;

 

 

«Gazette» means the federal Official Gazette;

 

 

«High-Speed Craft Code» means the International Code for the Safety of high-speed crafts, contained in the IMO Maritime Safety Committee Resolution MSC 36 (63) of 20 May 1994, in its up to date version, the text of which is deposited with the department of merchant shipping 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 the 1974 SOLAS Convention, which carries more than twelve passengers;

 

 

 

«host State» means a member state to or from whose port(s) a ro-ro ferry or a high-speed passenger craft is engaged on a regular service;

 

 

 

«IMO» means the International Maritime Organization;

 

 

 

«international voyage» means every voyage by sea from a port of Cyprus to a port outside Cyprus or conversely;

 

 

 

«member state» means a member state of the European Union or any other member state of the European Economic Agreement;

 

 

 

«Member» means the member of the Presidential Council heading the Department;

 

 

 

«passenger» means any 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)       the children under one year of age;

 

 

 

 

«qualified inspector» means the public officer or any other person, duly authorised by the Competent Authority to carry surveys and inspections related to the certificates defined in this Law and who fulfils the criteria of qualifications and independence specified in Annex V of the Directive;

 

 

 

«recognised organisation» means any organisation recognised in accordance with Article 4 of Directive 94/57/EC; 

 

 

 

«regular service» means a series of ro-ro ferry or high-speed passenger craft crossings, operated so as to serve traffic  between the same or more ports, or a service of voyages from and to the same port without intermediate calls –

 

 

 

 

 

(a)       according to a published timetable, or

 

 

 

 

 

(b)       with crossings so regular or frequent that they constitute a recognisable systematic series;

 

 

 

«ro-ro ferry» means the sea-going passenger vessel with facilities to enable motor or rail vehicles to roll on and roll off the vessel and carrying more than twelve passengers;

 

 

«sea area» means any sea area which is included in the list established in accordance with section 5 of the Federal Law on Merchant Shipping (Rules Safety and Standards of Passenger Ships);

 

 

 

 

 

«SOLAS Convention» means the International Convention for the Safety of Life at Sea, 1974 (SOLAS) in its up to date version currently in force together with protocols and amendments thereto;

 

 

 

«specific survey» means the survey of the ferry or craft carried out by the host State as specified in sections 6 and 8;

 

 

 

«third country» means a country which is not a member state.

 

 

 

(2)   The definitions of the terms “Code for the Investigation of Marine Casualties” “High-Speed Crafts Code” and “SOLAS Convention” in subsection (1) do not include the amendments of the international legislation referred in subsection (1), which, on or after the date of the accession of Cyprus to the European Union, in accordance with Article 5 of the European Community Act entitled “Regulation (EC) No. 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing  a Committee on Safe Seas and the Prevention of Pollution from Ships ( COSS) (OJ L 324 of 29.11.2002 p.1), as this Act is from time to time amended, are excluded from the scope of application of the European Community Act as is amended from time to time. the text of the said international legislation is deposited with the Directorate of Merchant Shipping and the public has access to it, and it is accompanied by copies of the relevant European Community Act by which the aforesaid exclusion is effected.

 

Application.

3. This Law shall apply to all ro-ro ferries and high-speed passenger craft operating to or from a port of Cyprus on a regular service, regardless of their flag, when engaged in –

 

 

 

 

(a)       international voyages; or

 

 

 

 

 

(b)       domestic voyages in sea areas, covered by Class A as referred to in section 5 of the Federal  Law on Merchant Shipping (Safety Rules and Standards of Passenger Ships). 

 

 

Initial verification.

4.-(1) Prior to the start of operation by a ro-ro ferry or high-speed passenger craft on a regular service, the  Competent Authority shall check that the ro-ro ferry or the high-speed passenger craft-

 

 

 

 

 

(a)       carries valid certificates, issued by the administration of the flag State or by a recognised organization acting on its behalf;

 

 

 

 

 

(b)       has been surveyed for the issue of certificates in accordance with the relevant procedures and guidelines annexed to IMO Assembly Resolution A.746 (18) of 4 November1993, on survey guidelines under the harmonised system of survey and certification, the text of which is deposited with the  Directorate   and to which the public has access, as these guidelines stand on 29 April 1999, or with procedures designed to achieve the same goal;

 

 

 

 

 

(c)  complies with the standards specified for classification by the rules of a recognised organization, or rules accepted as equivalent by the administration of the flag State for construction and maintenance of its hull, machinery and electrical and control installation;

 

 

 

 

 

(d)       is fitted with a voyage data recorder (hereinafter referred to as “VDR”), for the purpose of providing information for the benefit of a possible casualty investigation. The VDR shall meet the performance standards of IMO Assembly Resolution A.861 (20) of 27 November 1997, the text of which is deposited with the  Directorate and to which the public has access and comply with the testing standards defined by the standard CYS EN 61966:2001;

 

 

 

 

 

(e)       complies, subject to subsection (2), with specific stability requirements adopted at regional level, and transposed into national legislation in accordance with the notification procedure laid down in the legislation in force for the time being, for harmonisation with the Community Act referred to as “Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services”, as amended or substituted, when operating in that region a service covered by that national legislation, provided those requirements do not exceed those specified in the Annex of Resolution 14 (Stability Requirements Pertaining to the Agreement) of the 1995 SOLAS Conference, the text of which is deposited with the Directorate and to which the public has access, and have been notified to the Secretary-General of the IMO, in accordance with the procedures specified in point 3 of that Resolution.

 

 

 

 

     (2) Paragraph (e) of subsection (1) shall apply to high- speed passenger craft only where appropriate.

 

 

 

Initial verifications required in relation to Companies and flag States.

 

 

5. Prior to the start of operation by a ro-ro ferry or high-speed passenger craft on a regular service, the Competent Authority shall-

 

 

 

(a)       check that the Company which operates or intends to operate such a ferry or craft on regular service-

 

 

 

 

         (i)

 

 

        (ii)

 

 

        (iii)

takes the necessary measures to ensure that the specific requirements laid down in Annex I of the Directive are applied,

provides the evidence of compliance with this paragraph and with section 4 to the host States involved in the regular service,

agrees in advance that the Competent Authority and any substantially interested member states may conduct, participate fully in or cooperate with any investigation of a marine casualty or incident in accordance with section 12, and gives them access to the information retrieved from the VDR of their ferry or craft involved in such a casualty or incident;

 

 

 

 

 

 

(b)       check, in relation to ferries or craft flying a flag other than that of a member state, whether the concurrence of that flag State has accepted the Company’s commitment to meet the requirements of this Law;

 

 

Initial specific surveys.

 

 

 6. -(1) Prior to the start of operation by a ro-ro ferry or high-speed passenger craft on a regular service, the Competent Authority shall carry out an initial specific survey, in accordance with Annexes I and III of the Directive, to satisfy themselves that the ro-ro ferry or high-speed passenger craft fulfils the necessary requirements for safe operation of a regular service.

 

 

     (2) The Competent Authority shall set a date for the initial specific survey, which is no more than one month after receipt of the evidence necessary to complete the verification by virtue of sections 4 and 5.

 

 

 

     (3) The Competent Authority may invite another member state to or from the port of which the ro-ro ferry or high-speed passenger craft operates a regular service, to carry out an initial specific survey to the ro-ro ferry or high-speed passenger craft.

 

 

 

     (4) The Competent Authority may be called upon the application of another member state to or from the port of which the ro-ro ferry or high-speed passenger craft operates a regular service, to carry out an initial specific survey to the ro-ro ferry or high-speed passenger craft.

 

 

 

Special provisions.

7.-(1)(a)     When a ro-ro ferry or high-speed passenger craft is to be engaged on another regular service, the Competent Authority shall take full account of verifications and surveys previously carried out for that ferry or craft for operation on a previous regular service covered by the provisions of this Law.

 

 

 

(b)    Provided that the Competent Authority is satisfied with these previous verifications and surveys and that they are relevant to the new operational conditions, sections 4 to 6, need not be applied prior to the ro-ro ferry or high-speed passenger craft starting operation on the new regular service.

 

 

 

    (2)(a)      The Competent Authority does not require the application of sections 4 to 6 when a ro-ro ferry or high-speed passenger craft which complies with this Law already operating a regular service, transfers to another regular service where the route characteristics are agreed by the Competent Authority and the relevant host States to be similar, and the host States, including the Competent Authority, all agree that the ro-ro ferry or high-speed passenger craft fulfils all the requirements for safe operations on that service.

 

 

 

(b)    At the request of a Company, the Competent Authority and the host States concerned may confirm in advance their agreement as to where route characteristics are similar.

 

 

 

     (3) In cases where, following unforeseen circumstances, a replacement ro-ro ferry or high-speed passenger craft must be introduced rapidly to ensure continuity of service, and subsections (1) and (2) are not applicable, the Competent Authority may allow the ferry or craft to start operating, provided that a visual inspection and document check raise no concern that the ro-ro ferry or high-speed passenger craft does not fulfil the necessary requirements for safe operation and the Competent Authority completes the verifications and surveys under sections 4 to 6 within one month from the operation of the regular service.

 

 

Regular specific and other surveys.

8. -(1) The Competent Authority shall, once every 12-month period, carry out-

 

 

 

(a)       a specific survey, in accordance with Annex III of the Directive, and

 

 

 

 

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(b)       a survey during a regular service which shall aim to cover enough items listed in Annexes I,III and IV of the Directive in order to satisfy the Competent Authority that the ferry or craft continues to fulfil all the necessary requirements for safe operation:

 

 

 

 

 

            Provided that an initial specific survey in accordance   with section 6, counts as a specific survey for the purposes of this section.

 

 

 

 

    (2)(a)      The Competent Authority shall also carry out a specific survey in accordance with Annex III of the Directive, each time a ro-ro ferry or a high-speed passenger craft undergoes repairs, alterations and modifications of a major character, or when there is a change in its management, or a change of its flag, or a transfer of its class.

 

 

 

(b)    In case of a change in its management or in case of a change of flag, of transfer of class, the Competent Authority may, after taking account of verifications and surveys previously issued for the ferry or craft, and provided that the safe operation of the ferry or craft is not affected by this change or transfer, dispense the ferry or craft from the specific survey required by this subsection.

 

 

 

     (3) Should the surveys referred to in subsection (1), confirm or reveal deficiencies in relation to the requirements of this Law, warranting prevention in operation, all costs relating to the surveys in any normal accounting period shall be covered by the Company.

 

 

Notification.

9. The Competent Authority shall inform the Company promptly, in writing, of the outcome of verifications and surveys under sections 4 to 6 and 8.

 

 

Procedures related to initial and regular specific surveys.

10.-(1) The Competent Authority shall exempt ro-ro ferries and high-speed passenger craft that have been subject to the specific surveys, to its satisfaction-

 

 

 

(a)       from expanded inspections referred to in subsection (4) of section 6 of the Federal  Law on Merchant Shipping (Port State Control),   and

 

 

 

(b)       from expanded inspections based on the clear grounds that they belong to the category of passenger ships referred to in subsection (1) of section 6 of the Federal  Law on Merchant Shipping (Port State Control)and Annex V (Class A.3) of Council Directive 95/21/EC of 19 June 1995 on port state control of shipping .

 

 

 

    (2)(a)      The Competent Authority and the respective administrations of the host States involved in a specific survey of the same ro-ro ferry or high-speed craft shall cooperate with each other.

 

 

 

(b)       The specific surveys shall be carried out by a team composed of qualified inspectors of the involved host States.

 

 

 

(c)        Whenever there is a need for qualitative assessment of the fulfilment of class-related provisions, the Competent Authority shall ensure the necessary expertise is included in the team, where appropriate, by including a surveyor of a recognised organisation.   

 

 

 

       (d)       The inspectors shall report deficiencies to the Competent Authority. The Competent Authority shall communicate this information to the flag State, if that State is not a host State involved in the survey.

 

 

 

  (3)(a)        The Competent Authority may agree to carry out a survey at the request of another involved host State.

 

 

 

      (b)         The Competent Authority may request another involved host State to carry out a survey.  

 

 

     (4) The Competent Authority, when requested by a Company, shall invite the administration of the flag State, which is not a host State, to be represented in any specific survey carried out under the provisions of this Law.

 

 

 

     (5) The Competent Authority, in planning a survey in accordance with sections 6 to 8, shall take due account of the operational and maintenance schedule of the ro-ro ferry or high-speed passenger craft.

 

 

 

     (6) The findings of the specific survey shall be recorded in a report of which the format shall be established in accordance with the procedure laid down in Article 16 of the Community Act referred to in the preamble of this Law.

 

 

 

     (7) In case of persistent disagreement between the Competent Authority and the interested host state on the fulfilment of the requirements of section 4 and subsection (1) of section 5, the Competent Authority shall immediately notify to the Commission the reasons of the disagreement.

 

 

Accident –

investigation.

11.-(1) The Competent Authority shall participate or cooperate with any other substantially interested member state or where provided for under the Code for the Investigation of Marine Casualties, to conduct any marine casualty or incident investigation involving a  ro-ro ferry or high-speed passenger craft.

 

 

 

    (2) When a ro-ro ferry or a high-speed passenger craft is involved in a marine casualty, the investigation procedure shall be launched by the state in whose waters the accident or incident occurs or, if in other waters, by the last member state visited by the ferry or craft. This State shall remain responsible for the investigation and coordination with other substantially interested States until such time is mutually agreed which is to be the lead investigating State.

 

 

 

     (3) When the Competent Authority is conducting, participating in or cooperating with such investigations it shall ensure that the investigation is concluded in the most efficient way and within the shortest possible time taking into account the Code for the Investigation of Marine Casualties.

 

 

 

     (4) The Competent Authority shall ensure that reports resulting from such an investigation are made public in accordance with paragraph 12.3 of the Code for the Investigation of Marine Casualties and notified to the Commission.   

 

 

 

     (5) For the purposes of this section, the terms “substantially interested State”, “lead investigating State” and “marine casualty” shall have the same meaning as in the Code for the Investigation of Marine Casualties.

 

 

Accompanying measures.

12.-(1) When issuing or recognising an exemption certificate, the Competent Authority shall work together with the involved host State or administrations of the flag State to resolve any disagreement concerning the suitability of the exemptions prior to the initial specific survey.

 

 

 

     (2) The Competent Authority shall operate shore-based navigation guidance systems and other information schemes in accordance with IMO Resolution A.795 (19) of 23 November 1995, the text of which is deposited with the Directorate and to which the public has access, to assist ro-ro ferries and high-speed passenger craft in the safe conduct of the regular service, or part of it, for the safety of which it bears responsibility.

 

 

 

     (3) The Competent Authority shall provide to the Commission copies of the survey reports referred to in subsection (6) of section 10, with the IMO identification number where applicable.

 

 

 

      (4)(a)    The Competent Authority shall ensure that companies operating ro-ro ferries or high-speed passenger craft on regular service to or from the ports of Cyprus are able to maintain and implement an integrated system of contingency planning for shipboard emergencies. To this end the Competent Authority shall make use of the framework provided by IMO Assembly Resolution A.852 (20) of 27 November 1997 on guidelines for a structure of an integrated system of contingency, the text of which is deposited with the   Directorate and to which the public has access.

 

 

 

(b)       If two or more member states are involved as host States in the regular service they shall jointly establish a plan for the different routes.

 

  (5)(a)        The Competent Authority shall ensure that it has been fully involved in its capacity as host State by the administration of the flag State, before the issuance of the permit to operate high- speed craft, in accordance with the provisions of paragraph 1.9.3 of the High-Speed Craft Code.

 

 

 

(b)       The Competent Authority shall ensure that operational restrictions required by local situations, necessary to protect life, natural resources and coastal activities are established and it shall take measures to ensure the enforcement of these restrictions.

 

 

 

Cooperation between host states.

13. The Competent Authority and the host States involved in the same regular service shall liaise with each other when applying this Law.

 

 

Supporting measures.

14. The Competent Authority shall inform third countries which have either flag State responsibilities or responsibilities similar to those of a host State for ro-ro ferries and high-speed passenger craft, falling under the scope of this Law and operating between a port of Cyprus and a port of a third country, of the requirements imposed by this Law on any Company providing a regular service to or from a port of Cyprus.

 

 

Prevention of operation of regular service.

15.-(1) The Competent Authority shall prevent the operation of a ro-ro ferry or a high-speed passenger craft on a regular service-

 

 

 

(a)       when it has been unable to confirm compliance with the requirements in sections 4 and 5,

 

 

 

 

(b)       whenever deficiencies are found during the surveys referred to in sections 6 and 8, which pose an immediate danger to life, the ferry or craft, its crew and passengers,

 

 

 

 

 

(c)        when there is an established failure to comply with the instruments listed in Annex II of the Directive, which poses an immediate danger of life, the ferry or craft, its crew and passengers,

 

 

 

 

 

(d)       whenever the flag State has not consulted it on the matters referred to in subsections (1) or (5) of section 12;

 

 until the Competent Authority has established that the danger has been removed and that the requirements of this Law are met.

 

 

 

     (2) The Competent Authority shall inform the Company in writing of the decision to prevent that ro-ro ferry or high-speed passenger craft from operating, giving full reasoning.

 

 

 

    (3)(a)      Where the ro-ro ferry or high-speed passenger craft is already operating a regular service and deficiencies are established, the Competent Authority shall require the Company to take the necessary measures for their prompt rectification, or within a well-defined and reasonable period of time, provided such deficiencies do not pose an immediate danger to the safety of the ferry or craft, its crew and passengers.

 

 

 

(b)       After rectification of the deficiencies, the Competent Authority shall verify that the rectification has been carried out to its full satisfaction.

 

 

 

(c)        If this is not the case, the Competent Authority shall prevent the ferry or craft from operating a regular service.

 

 

 

     (4) A decision to prevent a ro-ro ferry or a high-speed passenger craft from operating must be taken within one month of the initial specific survey and communicated to the Company immediately.

 

     .

Administrative fine.

16.(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 company 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 company or the master, on whom an administrative fine has been imposed under sub-sections (1) and (2), of its decision imposing the administrative fine and, shall not allow the lifting of the prohibition of operating a regular service, pursuant to section 15 of 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)       Administrative fines and bank guarantees shall be paid to the Federal Government.

 

Hierarchical recourse.

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

 

(a)          a decision of the Competent Authority prohibiting the operation of a regular service 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 decision prohibiting the operation of a regular service;

(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 a decision prohibiting the operation of a regular service 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 a decision prohibiting the operation of a regular service, 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) The Competent Authority shall duly inform the master of the ro-ro ferry or the high speed passenger craft about the right to a hierarchical recourse pursuant to subsection (1) of this section.

 

(7)       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.

 

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

 

(9)       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 Administrative Fines

18.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

19. 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.

20.-(1) The master, who attempts to operate regular services in contravention of any prohibition on operating regular services  imposed on the ro-ro ferry or high speed passenger craft pursuant to the provisions of section 15 of this Law, shall be guilty of an offence and in case of conviction, shall be liable to imprisonment not exceeding  two years or to a fine not exceeding five thousand pounds, or to both such sentences.

 

 

 

 (2) The same offence as that provided for in subsection (1) shall be committed by the Company or any other person who knowingly aids or abets the commission of that 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.

 

 

21-(1)  The Member may, for the purposes of up-dating a reference to an Annex of the Directive 1999/35/EC issue an Order  published in the Gazette.

 

 

Regulations.

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