Breadcrumbs

The issue of statutory certificates of maritime safety and pollution prevention, as provided for under conventions such as the International Convention for the Safety of Life at Sea (74 SOLAS), the International Convention on Load Lines (66 LL), the International Convention for the Prevention of Pollution from Ships (73/78 MARPOL), the International Convention on Tonnage Measurement of Ships (69 TONNAGE), the International Convention on the Control of Harmful Antifouling Systems on Ships (AFS Convention), as well as the application of these conventions, is the full responsibility of flag States.

Under these conventions, Member States may allow such certification of conformity by recognized organizations, provided that they meet certain criteria, and may also delegate to such organizations the issue of relevant safety and pollution prevention certificates.

As, traditionally or for reasons of administrative convenience, various ship inspections and surveys set out in these international instruments relating to maritime safety and the prevention of pollution from ships are delegated by Member States to ships inspecting bodies and issuing certificates, known as 'recognized organizations', it became necessary to establish clear and demanding rules with a view to recognition of the technical capacity and the good repute of such organizations.

Thus, the Directive 94/57/EC of Council of 22 November 1994 on common rules for ship inspection and survey organizations and for the relevant activities of maritime administrations was adopted, and transposed into national legislation by Decree-Law No. 115/96 of 6 August.

In order to amend certain provisions of Directive 94/57/EC, with a view to improving the control of recognized organizations, the modification of sanctions regime applied to recognized organizations which do not meet the minimum criteria laid down and the recasting the successive changes, was approved by European Parliament and the Council, namely Directive 2009/15/EC of 23 April 2009 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations.

Directive 2009/15/EC was transposed into the national legislation by Decree-Law No. 13/2012 of 20 January 2012, which establishes a set of measures to be respected by the Portuguese State in its relationship with ships inspection and survey organizations with a view to complying with international conventions on maritime safety and prevention of marine pollution, in particular, the drawing up of a formal agreement with the organization acting on its behalf and the actions and operating control and operations carried out by that organization on its behalf. Inspections, the approval of plans and schemes, conducting tests and trials, the approval of stability books, surveys and audits of ships flying the national flag shall be included in the actions and operations to be carried out by recognized organizations.