Federal Law on the Implementation of the International Convention for the Safety of Life at Sea

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 30

 

 

 

 

 

 

 

 

 

 Federal Law on the Implementation of the International Convention for the Safety of Life at Sea


 

 

It is hereby provided as follows:

 

 

Short title.

1. This Law may be cited as the Federal Law on the Implementation of the International Convention for the Safety of Life at Sea, 1974, as amended, and the Protocols of 1978 and 1988, as amended, relating thereto.

 

 

Interpretation

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

 

“Competent authority” means the authority provided for in section 4;

 

 

 

 

 

"Convention" means the International Convention for the Safety of Life at Sea, 1974, as amended prior to the date on which this Law comes into effect, provided such amendments are in force at the particular time, and as may be amended, from time to time on or after the date this Law comes into effect, provided such amendment are in force at the particular time and provided that Cyprus has –

(a)  in the case of an amendment to an article of the Convention or to chapter I of the Annex to the Convention, has accepted the specific amendment;

(b)  in case of an amendment to an Annex to the Convention other than Chapter I, has not exempted itself from giving effect to the amendment or in case that it has exempted itself from giving effect to such amendment it has withdrawn such a notification or the period during which a Contracting Government can exempt itself from giving effect to such an amendment has lapsed; 

and includes all codes which have been made or are made mandatory under the provision of the Convention;

 

"Court" means a court of competent jurisdiction;

 

“Cyprus” means the United Cyprus Republic;

 

“Cyprus port” means a harbour basin within Cyprus and includes its anchorages and roadsteads;

 

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

 

"Department" means the Department having responsibility for maritime affairs;

 

 

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

 

"Gazette" means the federal Official Gazette;

 

 “Member” means the member of the Presidential Council heading the Department

 

 

“Owner” means any person who owns a ship or a share therein, and is registered as such in the Register of Ships of the flag state

 

 

"prescribed" means prescribed by a public instrument;

 

"Protocols" means the Protocol of 1978 and the Protocol of 1988;

 

“Protocol of 1978” means the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974, as amended and in force on the date the present Law comes into force, and as may be amended, from time to time, in accordance with the provisions of Article II(1) and Article VIII of the Convention, provided that Cyprus has not objected to such amendments;

 

“Protocol of 1988” means the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974, as amended prior to the date on which this Law comes into effect, provided such amendments are in force at the particular time, and as may be amended, from time to time on or after the date this Law comes into effect, provided such amendments are in force at the particular time and provided that Cyprus -

 

(a)  in the case of an amendment to an article of the Protocol of 1988 or to the Annex to the Protocol, has accepted the specific amendment;

(b)  in case of an amendment to the Appendix to the Annex of the Protocol, has not exempted itself from giving effect to the amendment or in case that such a notification or the period during which a Contracting Government can exempt itself from giving effect to such an amendment has lapsed;

 

 

"public instrument" includes Regulations and Orders published in the Gazette and instructions, directions, notices, notifications, circulars and any other instrument made or issued under this Law;

 

“Recognized bank” means a commercial bank registered with the Central Bank of Cyprus;

 

“Recognised organisation” has the meaning assigned to it by the Federal Law on Merchant Shipping (Recognition and Authorisation of Organizations);

 

 

     (2) Words and phrases used in this Law and not otherwise defined, have the meaning assigned to them by the Convention and the Protocols.

 

(3)       For the purposes of this Law, the English text of the Convention and of the Protocols prevails.

Scope of Application

3. This Law applies to-

 

(a)          Cyprus ships subject to the provisions of the Convention as modified by the Protocols irrespective of where they may be; and

(b)          Foreign ships, irrespective of the flag they are entitled to fly, whilst they are within the territory of Cyprus to the extent that such ships are subject to the provisions of the Convention as modified by the Protocols; and

(c)          Port facilities located within the territory of Cyprus which are subject to the provisions of the Convention.

 

 

Competent Authority

4.. The Directorate shall have all the powers and competences which by virtue of the Convention and of the Protocols may or are required to be exercised by Cyprus as a contracting government to the Convention or as a Party to the Protocols, except those that are specifically reserved under this law for the Member.

Equivalents.

5. The Member may by an order approve equivalent arrangements in accordance with the provisions of the Convention and of the Codes and may also approve alternative arrangements in accordance with the provisions of the Convention and of the Codes:

Setting the security level.

 

 

 

 

 

 

6(1) The Member shall set the security level and provide guidance in order to ensure protection against security incidents concerning Cyprus ships whilst they are outside the territory of Cyprus;

(2) The Member, following consultations and agreement with the Minister in either constituent state, shall set the security level and provide guidance in order to ensure protection against security incidents concerning ships, irrespective of the flag they are entitled to fly, whilst they are within the territory of Cyprus and port facilities located within the territory of Cyprus.

 

Delegation/ entrustment

of duties.

7(1).  The Member may authorize, in accordance with the provisions of the Convention as modified by the Protocol of 1988 or in accordance with the provisions of codes which have a mandatory status under the provisions of the Convention, surveyors nominated for the purpose, recognized organization, or recognized security organizations to act on matters falling under the scope of the Convention or the codes as far as they relate to the survey, inspection and certification of Cyprus ships, the audit, verification and certification of safety management systems or the verification and certification of security systems and arrangements for Cyprus ships.

 

(2) The Member shall approve any port facility security assessment, any port facility security plan and any subsequent amendments to such plans, following consultation and agreement with the Minister.

 

(3) The Member shall, following consultation and agreement with the Minister, entrust the Minister with verifying that the port facility has implemented the approved port facility security plan and with the continued monitoring and the testing of the effectiveness of any approved port facility security plan.

Prohibition of sailing.

8.(1)    The sailing of Cyprus or foreign ships, which are subject to the provisions of this Law, is prohibited for as long as they do not comply with the requirements of this Law, the Convention, the Protocols and the Regulations made for their implementation.

 

(2)       If during, the exercise of inspection, the Directorate ascertains any contravention of this Law, the Convention, the Protocols and the Regulations made for their implementation, the Directorate shall confirm to the master the particular contravention in writing, call the master to explain the situation in writing and issue an order prohibiting the ship from sailing until the Directorate is satisfied that-

 

(a)  the deficiencies, irregularities, non-conformity and non-compliances have been rectified and/or the ship is considered safe to sail; and

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

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

 

 

 

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

 

Denial of entry/expulsion of a ship

9.  (1) The Member, in consultation and agreement with the Minister, may deny the entry of a ship into, or expel a ship from a Cyprus port, if the ship presents a threat to the security of the port facility or the security of other ships in the port facility or the security of Cyprus, and the Directorate shall forthwith issue an order to this effect.

 

(2)       An order denying the entry of a ship into, or expelling a ship from, a Cyprus port under sub-section (1) shall also include information about the right to hierarchical recourse under this Law.

 

(3)     In the event that the ship is allowed to enter or reenter a Cyprus port, the ship will only be allowed to enter or reenter the port once the Directorate is satisfied that any charges for the inspection of the ship in order to confirm the rectification of the contravention have been paid or will be paid before departure.

 

Administrative Fine

10.(1)  Without prejudice to sub-section (8), contravention of the provisions of this Law, the Convention, the Protocols and the Regulations made for their implementation, shall be punishable, notwithstanding whether a case of criminal or disciplinary liability arises under any other legal provision, with an administrative fine not exceeding five thousand pounds, depending on the seriousness of the contravention.

 

(2)       An administrative fine under sub-section (1) shall be imposed on the owner or the operator or 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 ship has been prohibited under this Law, it shall not allow lifting of the order prohibiting the ship from sailing under this Law, until the administrative fine has been paid, or a bank guarantee issued by a recognized bank of equal amount for the benefit of and with terms satisfying the 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)       Notwithstanding the provisions of sub-section (4), the sailing of a detained ship which calls regularly in Cyprus may be exceptionally allowed, for only one single return voyage, without the previous payment of the administrative fine imposed or the deposit of a bank guarantee as provided above is effected, so as not to disrupt regular transport services or for any other exceptional reasons, or if the prompt production of a bank guarantee has proved practically impossible-

 

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

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

 

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

 

(8)       No administrative fine shall be imposed on any foreign ship under sub-section (1) unless the violation has caused or threatens to cause damage to life or property in the territory of Cyprus.

 

Hierarchical recourse.

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

 

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

(b)          an order of the Directorate denying the entry of a ship into or expelling a ship from a Cyprus port; or

(c)          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 ship;

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

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

 

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

 

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

 

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

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

 

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

 

(5)       The Member may decide-

 

(a)          to confirm the challenged order or decision;

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

(c)          to amend the challenged decision; or

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

 

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

 

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

 

(8)       The 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 Minister 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 the collection of fines.

12.      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.

Criminal offence.

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

 

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

 

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

 

(4)    A person who fails to comply or contravenes, without any reasonable cause, any instructions of the Member and/or Minister relating to security matters issued pursuant to the provisions of the Convention 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.

 

(5)     The operator or any other person who knowingly aids and/or assists in the commission of an offence under sub-section (4) commits the same offence.

 

(6)       For the purposes of this section, the competent Court, in case of a ship committing an offence under sub-section (1), whilst within any Cyprus port or anchorage and in the case of a person committing an offence under sub-section (4), is the competent Court of the respective constituent State.

 

Fines a charge on the ship

14.      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.

Issue of Regulations

15. -(1) The Presidential Council may make Regulations:     

 

 

(a)      prescribing or regulating any matter, which, according to the provisions of this Law, the Convention or the Protocols needs to, or may, be prescribed or regulated.; and

 

 

(b)      to provide for the application, mutatis mutandis, of the provi­sions of the Convention or the Protocols to Cyprus ships which are not subject to these provisions, to the extent that this application can be achieved;

 

 

(2)      Without prejudice to the generality of sub-section (1), the Regulations made under that subsection may provide for imprisonment of up to two years or a fine of up to five thousand pounds or both such sentences for the contravention of any of these regulations.