Federal Law on Requirements for Medical Treatment on Board Vessels

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 19

 

 

 

 

 

 

 

 

 

 

 Federal Law on Merchant Shipping

(Minimum Requirements for

Medical Treatment on Board Vessels)


 

 

For the purposes of harmonisation with the Community Act referred to as «Directive 92/29/EEC of the Council of 31st March 2002 on the minimum safety and health for the promotion of improved medical treatment on board vessels» (OJ L 113 of 30.4.1992, p.19),

 

 

It is hereby provided as follows:

 

Short title

 

1.  This Law may be cited as the Federal Law on Merchant Shipping (Minimum Requirements for Medical Treatment on Board Vessels).

 

Interpretation

 

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

 

“antidote” means a substance used to prevent or treat the direct or indirect harmful effect or effects caused by one or more substances included in the list of dangerous substances contained in the Third Schedule;

 

“Competent Authority” means the Member;

 

“Court” means a court of competent jurisdiction

 

“Cyprus” means the United Cyprus Republic;

 

“Cyprus vessel” has the meaning assigned to it by the Federal Law on Merchant Shipping (Registration of Ships, Sales and Mortgages);

 

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

 

“Gazette” means the federal Official Gazette;

 

“international voyage” means every sea voyage from a port of Cyprus to a port outside Cyprus or vice versa and also voyages between foreign ports;

 

“master” means any person having the command or charge of the vessel;

 

“medical supplies” means medicines, medical equipment and antidotes, a non-exhaustive list of which is given in the Second Schedule;

 

“member state” means a member state of the European Union;

 

“Member” means the member of the Presidential Council responsible for the Department;

 

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

 

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

 

“third country” means a country which is not a member state;

 

“worker” means any  person carrying out an occupation on board a vessel, including the trainees and the apprentices but excluding port pilots and shore personnel carrying out work on board a vessel at the quayside.

 

Scope of application of this Law

 

3.-(1) This Law applies to Cyprus  vessels, which are enlisted in three categories set out in the First Schedule.

 

     (2)  Warships, recreational craft used for non-commercial purposes and not manned by professional crews and inland navigation vessels are excluded from the provisions of this Law.

 

Medical supplies surgery, doctor

 

4.-(1)

a)           Every Cyprus vessel must always carry on board medical supplies which, at least in terms of quality, are in accordance with the provisions of the Second Schedule, Sections I and II, in respect of the category of vessel to which it belongs.

b)           The quantities of medical products and medical equipment, which have to be on board the vessel, shall be determined in accordance with the nature of the voyage, in particular, ports of call, destination and duration, the type of work to be carried out during the voyage, the nature of the cargo and the number of workers.

c)           The content of the medicines and medical equipment, shall be detailed on a checklist corresponding at least to the general framework laid down in the Fourth Schedule, Sections A, B and C, Points II.1 and II.2.

 

(2) Each Cyprus vessel must carry a watertight medicine chest for each of its life-rafts and life-boats, containing at least the medical supplies specified in the Second Schedule, Sections I and II, for category C vessels.

 

a)           The contents of the medicine chest shall be detailed on the checklist referred to in paragraph (c) of subsection (1) of this section.

 

     (3)  Every Cyprus vessel of more than 500 gross registered tonnes, with a crew of 15 or more workers and engaged in a voyage of more than three days must have a sick-bay in which medical treatment can be administered under satisfactory material and hygienic conditions.

 

     (4)  Every Cyprus vessel with a crew of 100 or more workers and engaged on an international voyage of more than three days, must have a doctor responsible for the medical care of the workers.

 

Antidotes

 

5.-(1) Every Cyprus vessel carrying any of the dangerous substances listed in the Third Schedule, must carry on board medical supplies including at least the antidotes listed in the Second Schedule, Section III.

 

(2) Every Cyprus ferry-type vessel whose conditions of operation do not always allow it to know well enough in advance the nature of the dangerous substances being transported, must have on board medical supplies including at least the antidotes listed in the Second Schedule, Section III.

a)           In the situation, however where, on a regular route the voyage is due to last less than two hours, the antidotes may be limited to those which have to be administered in cases of extreme emergency within a period of time not exceeding the normal duration of voyage.

 

     (3) The content of the antidotes shall be detailed on a checklist corresponding at least to the general framework laid down in the Fourth Schedule, Sections A, B and C, Point II.3.

 

Apportionment of responsibilities

 

6.-(1)

a)           The provision and replenishment of the medical supplies of any Cyprus vessel shall be under the exclusive responsibility of the operator of the vessel, without any expense to the worker.

b)           The master shall have the responsibility for the management of the medical supplies, who may, without prejudice to this responsibility, delegate the use and the maintenance of the medical supplies to one or more workers specifically designated according to their responsibilities.

 

     (2)  The medical supplies are maintained in good condition and replenished and/or replaced as soon as possible and in any case, in order of priority, in accordance with normal revictualling procedures.

 

     (3)  The medicines, the medical equipment and the antidotes which are necessary, but are not available on board, must be made available as soon as possible in case of an emergency medical incident established by the master, after he has as soon as possible obtained a medical opinion.

 

 

 

 

Information and training

 

7.-(1) The medical supplies that are available on the Cyprus vessel shall be accompanied by one or more guides for their use, which include instructions for use of at least the antidotes that are referred to in the Second Schedule, Section III.

 

     (2)  All persons receiving professional maritime training and intending to work on board a Cyprus vessel, must have received basic training regarding the immediate medical and first aid measures to be taken in the event of an accident or serious medical emergency.

 

     (3)  The master and the workers, to whom the use of the medical supplies in accordance with paragraph (b) of subsection (1) of section 6 has been granted, must have received special training that has to be repeated periodically, at least every five years, in accordance with the specific risks and needs that the different categories of vessels impose and in accordance with the general guidelines set out in the Fifth Schedule.

 

Medical advice via the radio

 

8.-(1)

a)           For the better treatment of workers in emergency situations, the Directorate shall determine, with the approval of the Member in a notification to be published in the Gazette, one or more centres that will offer to the workers on board the vessels free medical advice via the radio.

b)           The doctors of the centres that provide medical advice, that offer their services via the radio, must have been trained in the special conditions prevailing on board the vessels.

 

(2)

a)           At the centres referred to in subsection (1) of this section, personal medical records may be detained with the approval of the interested persons so that the provision of advice can be optimised.

b)           The centres shall observe the confidentiality of the records.

 

     (3)  The exchange of information with ships must be made as far as possible in accordance with the Sixth Schedule, taking into account, at any time, the state of the medicines and the hygienic equipment listed in the Second Schedule.

Inspection.

 

9.-(1) The Directorate shall exercise annual inspection of the medical equipment that each Cyprus vessel keeps on board, in order to ascertain that-

a)           the medical supplies meet the minimum requirements of this Law;

b)           the checklist provided for in paragraph (c) of subsection (1) of section 4 of this Law, confirms that the supplies are in accordance with these minimum requirements;

c)           the storage conditions of the supplies are good;

d)           the expiry dates are observed.

 

Prohibition of Sailing

 

10.(1) The sailing of vessels, which are subject to the provisions of this Law, is prohibited for as long as they do not comply with the requirements of Sections 4 and 5 of this Law,.

 

(2)       If during, the exercise of inspection in accordance with Section 9 of this Law, the Directorate ascertains any contravention of this Law, the Directorate 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 vessel from sailing until the Directorate is satisfied that-

 

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

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

(a)         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 vessel from sailing under sub-section (2) shall also include information about the right to hierarchical recourse under this Law.

 

Administrative fines

 

11.(1) Contravention of the provisions of this Law 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 vessel or on the master, by a reasoned decision of the Directorate 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 Directorate 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 vessel has been prohibited under this Law, it shall not allow lifting of the order prohibiting the vessel 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 Directorate 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

 

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

 

(a)         an order of the Directorate prohibiting the sailing of a vessel under this Law; or

(b)         a decision of the Directorate 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 vessel;

(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 vessel 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 the fishing vessel, 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 Directorate shall duly inform the master of the vessel about the right to 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 Directorate 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

 

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

 

 

Fines and costs to be a charge on the vessel

 

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

 

Offences and penalties

 

15.-(1) Subject to the provisions of subsections (2) and (3) of this section, any person upon whom the obligations pursuant to sections 4 and 5 of this Law are imposed, fails to comply with them, shall be guilty of an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding ten thousand pounds or to both such sentences.

 

 (2)      A master, who attempts to sail the vessel in contravention of the prohibition of sailing imposed on the vessel pursuant to section 10 of this Law, shall be guilty of an offence and, in case of 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.

 

(3)       The same offence as that provided for in subsection (2) of this section, shall be committed by the operator of the vessel or any other person who knowingly aids or abets the commission of that offence.

 

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

 

Orders (Second and Fourth Schedule.)

 

16.      The detailed description of the medical supplies and their quantities in accordance with the category of ship set out in the Second and Fourth Schedule to this Law, shall be regulated by an order that the Member may, from time to time, and after consultation with the Ministers of the constituent states having, for the time being, responsibility in respect of health, issue, which order shall be considered as part of the abovementioned Schedules and published in the Gazette.

 

Regulations

 

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