FLAG STATE PERFORMANCE SELF-ASSESSMENT FORM
(in accordance with MSC/Circ.889/MEPC/Circ.353)
GENERAL
1. Name of State/Associate Member
The Republic of Bulgaria
2. Name of contact person responsible for the completion of this form
capt. NIKOLAY APOSTOLOV
Executive Director
Executive Agency “Maritime Administration”[1]
Name of Administration:
Executive Agency “Maritime Administration”
within the Ministry of Transport
Address:
9-11 “Dyakon Ignatii” Str.,
Sofia 1000,
The Republic of Bulgaria
Telephone number:
+359 2 9300910
Fax number:
+359 2 9300920
E-mail address:
.3 Indicate to which of the following international instruments your State is a Party and which (optional) MARPOL 73/78 Annexes have been ratified
Yes No
SOLAS 74
SOLAS Protocol 78
SOLAS Protocol 88
MARPOL 73/78
Annex III
Annex IV
Annex V
Annex VI
LL 66
LL Protocol 88
TONNAGE 69
COLREG 72
UNCLOS
Clarifications, comments or additional information on Question 3:
4.1 How many merchant ships of 100 gross tonnage and
upwards, subject to the relevant instruments you indicated
in question 3, are currently flying the flag of your State? 84 ships
4.2 What is the total gross tonnage of merchant ships flying
the flag of your State? 824952 GT
Clarifications, comments or additional information on Justin 4.1 and 4.2:
Fishing vessels, barges and vessels operating exclusively in Bulgarian waters are excluded from the total number of merchant ships of 100 GT and upwards.
INTERNAL CRITERIA
Legal framework
5. Does your Administration have the necessary laws in force to implement international maritime safety and pollution prevention instruments with regard to:
Yes No
.1 the construction, equipment and management of ships;
.2 the prevention, reduction and control of pollution of the marine
environment;
.3 the safe loading of ships;
.4 the manning of ships;
.5 the safety of navigation (including taking part in mandatory reporting
and routing systems), maintenance of communications and prevention of
collisions?
Clarifications, comments or additional information on Question 5:
- SOLAS’74 and SOLAS Protocol’78 have been ratified by the Republic of Bulgaria through Decree No.2250/28.07.1983 and entered into force on 02.02.1984. SOLAS Protocol’88 has been ratified by law of the National Assembly on 04.02.2004 and entered into force on 13.07.2004. (Article 5, para. 4 of the Constitution of the Republic of Bulgaria stipulates that the international contracts, which have been ratified, promulgated and entered into force for the Republic of Bulgaria, consist part of its national legislation. These instruments have priority over the legal regulations of the national legislation, which contradict with the former. The Convention is further enforced by the Bulgarian Maritime Administration through Articles 7 and 23 of the Bulgarian Merchant Shipping Code (BMSC)).
- Republic of Bulgaria is party to MARPOL’73/78 since 1984 and the latter is in force since 1985. Annexes III, IV and V are in force since 13 March 1993. The Protocol of 1997 for amendment of the International Convention for the Prevention of the Pollution from Ships (MARPOL), 1973/78 has been ratified on 13.04.2004 and is in force since 19.05.2005.
- COLREG 1972 is ratified by the Republic of Bulgaria on 29.04.1975 and entered into force on 15.07.1977.
Clarifications, comments or additional information on Question 5.1:
The requirements for the construction, equipment and management of ships are implemented through:
- Articles 72 and 73 of the Bulgarian Merchant Shipping Code;
- Ordinance No. 1 of the Minister of Transport on the inviolable reserves of the sea-going ships, promulgated in SG 26/31.03.1981., in force since 01.07.1981.
- Ordinance No.11 of the Minister of Transport and Communications on surveys of the ships and the shipowners, promulgated in SG 52/2004, in force since 21.06.2004., last updated SG 101/ 16.11.2004 (blanket clauses: Art. 73, para. 3 of the MSC)
- Ordinance No. 53 of the Minister of Interior and the Minister of Transport and Communications on rules and procedures for security of vessels and ports, promulgated in SG 72/2004, in force since 07.08.2004. (blanket clauses: Art. 60 of the LMSIWPRB)
- Ordinance No. 54 /12.07.2004. of the Minister of Transport and Communications on essential requirements and conformity assessment of marine equipment, promulgated in the State Gazette on 31.08.2004. The later has entered into force on 01.01.2005.
- Ordinance of the Minister of Transport on the essential requirements and conformity assessment of recreational crafts, promulgated in SG 96/09.11.2001, last amended SG 13/11.02.2003.
- Ordinance of the Council of Ministers on the relations between the shipowner and the crew members with regard to labour and labour related conditions, promulgated in SG 93/2003, in force since 22.01.2004. (blanket clauses: Art. 88b of the BMSC)
- Mandatory regulation No. 94 of the Executive Director of the Executive Agency “Maritime Administration” on provision of the Bulgarian ships with immersion suits, the requirements thereto and their location, issued on 06.12.2005, has entered in force on 01.07.2006.
Clarifications, comments or additional information on Question 5.2:
The requirements for prevention, reduction and control of the marine environment pollution are those contained in MARPOL as amended, and are implemented through:
- Articles 72 and 73 of the Bulgarian Merchant Shipping Code (BMSC);
- Articles 53, 54 and 57 of the Law on Bulgarian Maritime Spaces, Inland Waterways and Ports (LBMSIWP);
- Ordinance no. 15 of the Minister of Transport and Communications on the rules and conditions for collecting ship generated waste and cargo residues;
- Black Sea Oil Pollution Prevention Emergency Plan.
- Mandatory regulation No. 92 of the Executive Director of the Executive Agency “Maritime Administration” on implementation of the requirements of Annex VI of MARPOL 73/78 on the Bulgarian ships and their owners, issued on 30.04.2005., entered in force on 10.05.2005.
Clarifications, comments or additional information on Question 5.3:
Requirements regarding safe loading of ships are contained in:
- the Bulgarian Merchant Shipping Code, Art.363, paragraphs 5, 6, 7;
- Ordinance № 7/23.05.2001. of the Minister of Transport and Communications on calls maneuvers and stay of ships in ports and roadsteads for loading and unloading, embarkation and disembarkation of crew, passengers or other persons and ship-to-shore communication, promulgated in the State Gazette and entered into force on 19.06.2001 last amended on 01.07.2003.
- Ordinance No. 9 of the Minister of Transport and Communications on the requirements for the operational fitness of the ports, promulgated in SG 55/2001, in force since 22.06.2001, (blanket clauses: Art. 104, para.1 of the LMSIWPRB)
- Ordinance No. 16 of the Minister of Transport and Communications on handling and carriage of dangerous goods by sea and inland waterways, promulgated in SG 53/ 30.06.2006
- Mandatory regulation No. 91 of the Executive Director of the Executive Agency “Maritime Administration” on establishing harmonize requirement and procedures for safe loading and unloading of bulk curriers, which has entered into force on 09.11.2004.
Clarifications, comments or additional information on Question 5.4:
Requirements concerning manning of ships are contained in:
- Merchant Shipping Code, Ch.V, Art.87 and 88; Art.363, para. 8
- Ordinance No.6 of the Minister of Transport and Communications on the Seafarers’ competence in the Republic of Bulgaria, promulgated in SG 83/2003, in force since, 23.09.2003, last updated SG 94/25.11.2005. (blanket clauses: Art. 87, para.1 of the MSC)
- Ordinance No.11 of the Minister of Transport and Communications on the survey of the ships and the shipowners, promulgated in SG 52/2004, in force since 21.06.2004., last updated SG 101/ 16.11.2004 (blanket clauses: Art. 73, para. 3 of the MSC)
- Ordinance of the Council of Ministers on the relations between the shipowner and the crew members with regard to labour and labour related conditions, promulgated in SG 93/2003, in force since 22.01.2004. (blanket clauses: Art. 88b of the MSC)
Clarifications, comments or additional information on Question 5.5:
Requirements concerning safety of navigation, maintenance of communications and prevention of collisions are found in:
- Art.77 and 78 of the Merchant Shipping Code
- Art.362 Para.1 section 3 of the Merchant Shipping Code
- Ordinance No. 1 of the Minister of Transport and Communications on the rules and conditions of pilotage in the Republic of Bulgaria, promulgated in State Gazette issue 12/2001, in force since 2001.
- Ordinance No. 7 of the Minister of Transport and Communications on the order of visiting, manoeuvring and stay of ships in the ports and roadsteads for loading and unloading, boarding and disembarking of crew, passengers and other persons and ship-shore communications, promulgated in SG 55/2001, in force since 22.06.2001., (blanket clause: Art. 99 of the Law on Maritime Spaces Inland Waterways and Ports of the Republic of Bulgaria)
- Ordinance of the Council of Ministers on ships routing, ships reporting and vessels traffic management and the information systems in the sea spaces of the Republic of Bulgaria and in the Bulgarian maritime search and rescue region (blanket clause: Art.244 a of the MSC, Art. 60 of the Law on Bulgarian Maritime Spaces, Inland Waterways and Ports), adopted with a decree No. 200 of the Council of Ministers on 12.09.2005., promulgated in State Gazette issue No. 76/20.09.2005. entered into force on 23.09.2005.
- Ordinance No. 20 of the Minister of Transport on safety rules and standards for passenger ships, promulgated in SG 82/2005, in force since 01.01.2007.
- Mandatory regulation No. 87/2.03.2004 (use of certified pilots in the North Sea and English Channel)
6. Does your Administration have the necessary laws in force to ensure the Yes No
provision of penalties of adequate severity to discourage violation of
international instruments to which your State is a Party?
The legal instruments ensuring the provision of penalties to discourage infringement of international instruments are as follows:
- Penalty Code of the republic of Bulgaria, Articles 340, 352A and 353A;
- Merchant Shipping Code – Articles 74, 78, 362, 363 and 368
7. Does your Administration have the necessary laws in force to provide for Yes No
ship inspections to ensure compliance with international maritime safety and
pollution prevention standards, to which your State is a Party?
The legal instruments providing compliance with the international maritime safety and pollution prevention standards are laid down in:
- Articles 73 and 78 of the Bulgarian Merchant Shipping Code;
- Ordinance No. 1/10.01.2003. of the Minister of Transport and Communications on entry in the register of vessels, promulgated in the State Gazette on 24.01.2003, last amended 19.07.2005.;
- Ordinance No.5/01.09.2004. of the Minister of Transport and Communications on Ships Documents promulgated on 08.10.2004, last amended 09.09.2005.;
- Ordinance No. 11/26.04.2003. of the Minister of Transport and Communications on inspections of ships and shipowners, promulgated in the State Gazette on 18.06.2004.
- Mandatory Regulation (Order) No. 89/24.06.2004. of the Executive Director of the Executive Agency “Maritime Administration” on the control survey of the Bulgarian shipowners and the Bulgarian ships.
- Mandatory Regulation (Order) No. 82/15.07.2002 of the Executive Director of the Executive Agency “Maritime Administration” on the control survey of the Bulgarian Ships in the Bulgarian and foreign ports.
8. Does your Administration have the necessary laws in Force to take legal Yes No
action against ships which have been identified as not being in compliance
with the international instruments to which your State is a Party?
- Articles 73 of the Bulgarian Merchant Shipping Code;
- Ordinance No. 11 / 26 April 2004 on Surveys of Ships and Ship Owners, Issued by the Minister of Transport and Communications, published in State Gazette issue No.52 / 18 June 2004
- Mandatory Regulation No. 89/24.06.2004 of the Executive Director of the Executive Agency “Maritime Administration” on the Flag State Control of the Bulgarian shipowners and the Bulgarian ships.
9. Does your Administration have the necessary laws in force to carry out the Yes No
required casualty investigations?
- Article 79 of the Bulgarian Merchant Shipping Code
- Ordinance No. 23 / 17.11.2005 on investigation of casualties in the sea spaces and the inland water ways, issued by the Minister of transport, promulgated in State Gazette issue 95/ 29.11.2005, entered into force on 01.01.2006.
Enforcement
10. Does your Administration have an infrastructure, including personnel with appropriate technical expertise and experience, to:
.1 identify ships flying the flag of your State which are not in compliance Yes No
with international maritime safety and pollution prevention requirements?
.2 take action against ships flying the flag of your State which have been
identified as not being in compliance with international maritime safety
and pollution prevention requirements?
- If yes, against how many such ships was action taken for each of the previous 5 years*?
2002 / 2003 / 2004 / 2005 / 20067 / 12 / 0 / 29 / 68
In compliance with the requirements of the Mandatory Regulation (Order) No.82 of the Executive director, stated above, 77 FSC inspections were carried out throughout the year 2006.
The findings with regard to the application of international conventions, codes and national requirements are as follows:
- in 9 inspections: there were not found any deficiencies,
- in 27: there were less than 5 deficiencies,
- in 29:between 5 and 10 deficiencies were found,
- in 12: more than 10 deficiencies were found
Actions taken by the FSC inspectors:
The FSC inspectors have prescribed measures and fixed the time limits for rectification of all deficiencies found during the inspections. The masters of all ships with noted non-compliances are required to report in due course the rectification of these non-conformities.
11. Did your Administration investigate detentions by port States of ships Yes No
flying the flag of your State for each of the previous 5 years*? (see also