Week 34. Flag State - Ship’s Certificates (1) PDF

Flag State – Ship Certificates. Geir M. Moholdt USN –høst 2024 13.11.2024 Oppsummering kvalitativ 1 Learning objectives Flag state – the country in which the ship is registered Why choosing a specific flag? National flag-flag of convenience Certificates Withdrawel of certificates ...

Flag State – Ship Certificates. Geir M. Moholdt USN –høst 2024 13.11.2024 Oppsummering kvalitativ 1 Learning objectives Flag state – the country in which the ship is registered Why choosing a specific flag? National flag-flag of convenience Certificates Withdrawel of certificates  The Internatinonal Maritime Organization (IMO) International shipping, and national shipping to a lesser extent, are subject to stringent laws and regulations, by international and national regulatory bodies Seafaring has, throughtout history, always been one of the most dangerous occupations  Flag state Flag State is the country in which the ship is registred The management (Owner) register the ship in a country Each country is responsible for the laws and rules applicable to the ships sailing under their flag The home port has to be marked at the stern of the ship and safety equipment, like buoys, lifeboats, life rafts The Conventions (Codes) require that ships are periodically surveyed This task is is often delegated to the Classification Society When compliance withe the rules (requirement) is verified, Class issue certificates (Sjøfartsdirektoratet konsentrerer seg om fiskebåter over 15 m og passasjerfartøy) Høgskolen i Sørøst-Norge Port and country of register has to be marked on the stern For a certain fee, the authorities allow the ship to sail under their jurisdiction. Choosing a flag This used to be an easy choice. The Owners registered and crewed their ships in the country where they lived and conducted their business. The flag National flag - NOR or NIS? Or flag of convenience; Liberia, Panama, Bahamas, Bermuda, Isle of Man, Honduras, Marshall Island, Singapore. Flag rules  NIS -The NIS is open to owners of all nationalities.  NOR - Owners must be Norwegian or EU companies or individuals.  NIS - The Master must hold a Norwegian or EU/EEA citizenship, or apply for an exemption from the nationality requirement.  NIS - Seafarers with non-Norwegian Certificate of Competency (COC) serving as Captain must complete a course in Norwegian maritime legislation ("NIS course").  NOR - The Master must hold a Norwegian or EU/EEA citizenship, or hold a specific permit to work in Norway. Survey and issuance of statutory certificates NIS  All NIS registered ships of 500 GT and more classed by a recognized organization are delegated to class according to the Class Agreement.  The NMA supervises NIS ships less than 500 GT as well as NIS ships of 500 GT and more which are not classed by one of the recognized organizations.  Delegation of Mobile Offshore Units is mainly limited to hull and machinery, ISPS, ISPP, EIAPP and IAPP, ref. the Class Agreement, Annex I and Annex VI. NOR  The NMA is in charge of surveys, inspections and issuance of statutory certificates.  Issuance of international ship certificates for cargo ships of 500 GT and more may be delegated to class upon request of the owner ref. theClass Agreement , Annex III  Delegation of Mobile Offshore Units is mainly limited to hull and machinery, ISPS, ISPP, EIAPP and IAPP, ref. the Class Agreement, Annex II and Annex VI.  Flag of Convenience Nowadays the ship Owners will often look for a (country) flag which: o Would permit the beneficial owners to reside and operate elsewhere and to maintain all accounting/banking operations and keep all profits in a different country o Would permit the employment of crew of any nationality and at any wage scale the Owners wished o Would demand minimal taxation Bahamas Flag of Convenience Liberia Malta Panama, Bahamas Bermuda Marshall Island Cayman Island Kypros  Registration If a State excercises this right, it must also assume the obligation to ensure that the ships are subject to its effective jurisdiction and control Before any Certificate can be issued, a ship must be registered in a certain country, the flaggstate This means that the flaggstate allows a ship to carry its flag and belong to its ”fleet”  Certification The certificates can be divided into the following:  General certificate  Cargo related certificate  Trading certificate  Officer/crew certificate Statutory certificates issued by Flag State, or when authorised, by Class Society Trading Certificates In order to trade or to get Customs’ clearance at each port of call, the vessel will have to maintain and carry onboard at all times a complete set of Certificates  Certificates Certificate of Registry issued by the Government of the country whose flag the vessel flies. It is valid until the vessel is sold and states the name of the vessel, its official number, its call sign and its principal dimensions and the name of the Owner International Tonnage Certificate issued by the Government of the country whose flag the vessel flies. Its valid until the vessel is sold and it states the vessel’s Gross Tonnage(GT) and Net Tonnage(NT)  Certificates Certificate of Class issued by the Classification Society confirming that the vessel is classed by them Load Line Certificate valid for four years, subject to annual inspection, giving details of the vessel’s freeboard measurements Safety Construction Certificate valid for four years, subject to annual inspection, confirming the good condition of the vessel’s hull Safe Manning Certificate Regulation V/14.2 of SOLAS requires that every ship to which the regulation applies be provided with a Minimum Safe Manning Certificate. Safety Equipment Certificate Safety Equipment Certificate valid for two years, subject to annual inspection, confirming that the vessel’s life saving equipment is in good order lifeboats liferafts fire-fighting equipment emergency radios pyrotechnics Safety Radio Certificat e Safety Radio Certificate confirming that the vessel’s radio and radar equipment meet internation  International Oil Pollution Prevention Certificate(IOPP) Every oil tanker of 150 GT and above Every other ship of 400 GT and above  Valid for 5 years  Oil Discharging Monitoring Equipment (ODME)  Oil Record Books (ORB)  Oily Water Separator(OWS)  Oil Filtering System  Mandatory annual surveys or unscheduled inspection Breach of MARPOL requirements may lead to detention of the ship Internation al Air Prevention Pollution Certificate(I APP) An IAPP certificate is the internationally- accepted documentation that a specific engine meets the international NOX emission limits for diesel engines set out in Regulation 13 of Annex VI. Internatio nal Load Line Certificate Load Line Certificate valid for four years, subject to annual inspection, giving details of the vessel’s freeboard measurement s  International Load Line Certificate The main purpose of this (convention)certificate is to ensure that ships have sufficient freeboard after loading On the basis of the ship’s length, size of openings on deck, sheer, doorsill heights, etc a minimum freeboard is calculated and has to be displayed at the ships sides The world is divided into "load line zones" which correspond to the Plimsoll Line. A vessel running through a winter load line zone is only permitted to load down to her W mark  Safety Management Certificate (SMC) This is to certify that the Safety Management System of the ship has been audited and that it complies with the requirements of the International Management Code for the safe operation of ships and for Pollution Prevention following that the Document of Compliance (DOC)for the Company applicable to this type of ships The flagstate issues the DOC, but only after a Classification Society has approved the Safety Management System Safety Manageme nt Certificate There has to be an audit trail to prove this and the management office is audited annually by external auditors authorized by the flag state. Each vessel must be audited between the second and third year by external auditor onal Ship Security Certificat e The ISPS Code is implemented through chapter XI-2 Special measures to enhance maritime security in the International Convention for the Safety of Life at Sea (SOLAS).  International Ship Security Certificate (ISSC)  The IMO states that "The International Ship and Port Facility Security Code (ISPS Code) is a comprehensive set of measures to enhance the security of ships and port facilities, developed in response to the perceived threats to ships and port facilities in the wake of the 9/11 attacks in the United States" (IMO)  For ships the framework includes requirements for:  Ship security plans  Ship security officers  Company security officers  Certain onboard equipment  International Ship Security Certificate (ISSC) Applicable to:  Passenger Ships  Tankers  Ferries  Cargo Ships above 500 GT  Mobile Offshore Drilling Units Fishing and Naval ships are exempted from the Code  ISSC You are requested to provide evidence the vessel is in compliance with the International Ship and Port Facility Security (ISPS) Code prior to entry into U.S. ports There is no provisions for accepting non- conformities in the ISPS Code All non-conformities detected during operation shall be reported to Flag Administration Inspection intervals of certificates According the conventions each vesssels has to be inspected according to a certain time schedule  Initial survey  Annual survey  Intermediate survey  Periodical survey  Renewal survey  Additional survey The validity for the certificates are usually 5 years NOR kontra NIS flagg Studer de to avisartiklene som ligger vedlagt som grunnlag for en diskusjon om NOR/NIS flag.