The Order of the Russian Federation Ministry of Transport Of
1
APPROVED by
the order of the Russian Federation Ministry of transport of
№____ dated______
THE ORDER
of recognition of the organizations with a purpose of giving to them powers of authorization on the survey of ships and the organizations carrying out preparation of the crew members of maritime ships in accordance with International Convention on preparation and certification of the seafarers and keeping the watch on duty of the year 1978 with amendments, as well as on carrying out of examinations related to the survey of these ships and organizations
I. General provisions
1. The order of recognition of the organizations with a purpose of giving to them powers of authorization on the survey ofships and the organizations carrying out preparation of the crew members of maritime ships in accordance with International Convention on preparation and certification of the seafarers and keeping the watch on duty of the year 1978 with amendments, as well as on carrying out of examinations related to the survey of these ships and organizations (further on “the Order of recognition”) was developed in execution of sub-item 5.2.53.43, item 5 of the Russian Federation Government regulation dated 30.07.2004 №395 “On approval of the regulation on the Russian Federation Ministry of transport” (Legislation Assembly of the Russian Federation, 2004, № 32, Article 3342; 2006, № 15, Article 1612; № 52, Article 5587; 2008, № 8, Article 740; № 17, Article 1883; № 22, Article 2576; № 42, Article 4825; 2009, № 3, Article 378; № 4, Article 506; № 6, Article 738; № 13, Article 1558; № 18, Article 2249; № 32, Article 4046; № 33, Article 4088; № 36, Article 4361; № 51, Article 6332; 2010, № 6, Article 650, 652, № 11, Article 1222, № 12, Article 1348, № 13, Article 1502, № 15, Article 1805 № 25, Article 3172 № 26, Article 3350 № 31, Article 4251).
2. The order of recognition is applied to the legal entities –seekers of recognition in the field of survey of the ships navigating under the Russian Federation State Flag, to the organizations carrying out preparation of the crew members of maritime ships (further on the Applicant).
3. Main task of the Order of recognition is provision of support to established international and national standards in the field of survey of the ships and preparation of the crew members of maritime ships.
4. The present Order of recognition establishes general requirements to the procedure of definition of the recognized organizations in cases stipulated by:
International Convention on protection of the human life on sea of the year 1974, changed by Protocol of the year 1978 and Protocol of the year 1988 with amendments;
International Convention on load mark of the year 1966 and Protocol to it of the year 1988 with amendments;
International Convention on prevention of pollution from the ships of the year 1973, changed by Protocol of the year 1978 with attachments and amendments;
International Convention on tonnage measurement of the ships of the year 1969;
International Convention on safe containers of the year 1972 with amendments;
European Agreement on international transportation of dangerous goods by internal water ways of the year 2000 with additions;
Convention on the International rules of collision prevention of the ships on sea (COLREG) with amendments.
5. The procedure of recognition includes provisions of the resolutions of International Maritime Organization (further on IMO) А.739(18) “Manual on vesting with authority of the organizations acting on behalf of the Administration” and А.789(19) “Specification of functions of the recognized organizations acting on behalf of the Administration on survey and issuance of certificates”.
II. Order of the procedure of recognition of the organizations
6. With a purpose of realization of the procedures related to recognition of the organizations by the Russian Federation Ministry of transport, the Commission of the Russian Federation Ministry of transport on recognition of the organizations with a purpose of giving to them powers of authorization on the survey of ships and the organizations carrying out preparation of the crew members of maritime ships in accordance with International Convention on preparation and certification of the seafarers and keeping the watch on duty of the year 1978 with amendments, as well as on carrying out of examinations related to the survey of these ships and organizationsis being established (further on the Commission of the Russian Federation Ministry of transport). The Commission of the Russian Federation Ministry of transport is comprised of representatives of the Russian Federation Ministry of transport, Federal Agency of maritime and river transport and Federal Service on supervision in the sphere of transport. Composition of the Commission of the Russian Federation Ministry of transport and the order of its work is approved by the regulation of the Russian Federation Ministry of transport.
7. The procedure of recognitionof the organizationsconsists of the following stages:
- filing of application by the Applicant to the Russian Federation Ministry of transport in a simple written form about intention of the organization to carry out activities as the recognized organization with indication of the declared field of activities;
- consideration of the application, documents and materials;
- carrying out of expertise of the Applicant’s documents;
- estimation of conformity of the Applicant to requirements set out for the recognized organizations;
- conclusion on conformity or non-conformity of the Applicant to requirements for the recognized organizations in the declared field of activities;
- signing with the Applicant of the Agreement on, giving to the recognized organization powers of authorization in the declared field of activities with a right of issuance of the corresponding certificates on behalf of the Russian Federation, in the order stipulated by international agreements of the Russian Federation (further on the Agreement on recognition), in case of its recognition as the recognized organization.
8. If necessary, for solution of the question about possibility of the Applicant to carry out the declared works, the experts, scientific and other organizations, scientists and specialists in corresponding fields of knowledge can be attracted.
9. In relation to recognition with a purpose of giving to the Applicant powers of authorization
on thesurvey of ships in the framework of the procedure of recognition the organization, competence of the Applicant is estimated in the field of:
- norms, rules and standards stipulated by international agreements of the Russian Federation, legislation of the Russian Federation in the field of merchant shipping and protection of maritime environment from pollution from the ships, to which the ships navigating under the Russian Federation State Flag must correspond;
- organization of the works on survey of the ships;
- knowledge and observance of the norms and rules of preparation of the report documents.
10. In relation to recognition with a purpose of giving to the Applicant powers of authorization on carrying out of preparation of the crew members of maritime ships in the framework of the procedure of recognition the organization, competence of the Applicant is estimated in the field of:
- norms, rules and standards stipulated by the Russian Federation legislation and International Convention on preparation and certification of the seafarers and keeping the watch on duty of the year 1978 in relation to requirements for preparation of the crew members of maritime ships;
- organization of the works on teaching process of preparation of the crew members of maritime ships including use of the means of preparation of the seafarers as well as upgrade qualifications of the workers of maritime transport;
- knowledge and observance of the norms and rules of preparation of the report documents.
11. The Applicant submits to the Russian Federation Ministry of transport the application in a simple written form where must be reflected the following:
- the declared field of activities of the organization with indication of reference to corresponding points of the rules of international agreements of the Russian Federation enumerated in point 6 of the present Order of recognition;
- dataonenlisting of the Applicant into the register of legal entities registered on the territory of the Russian Federation;
- information on representative offices (branches) in the Russian Federation regions and abroad, if there are such;
- legal requisites of the organization.
12. The following documents are attached to the application:
- copies of the constituent documents notarized in established order;
- the documents confirming experience of work in the declared field in the sphere of transport complex of the Russian Federation no less than 5 years;
- the list of objects where earlier the Applicant carried out works or provided services in the declared field;
- documents confirming existence of representative offices (branches) in the Russian Federation regions and abroad necessary for performing functions of the recognized organization in the declared field of activities;
- the list of prepared staff of qualified specialists attracted for performance of works, having higher education and working experience in the sphere of transport complex in the declared field of activities or adjoining fields no less than 3 years;
- documents confirming the level of preparation and qualification of specialists as well as documents confirming availability of the system of upgrade qualifications of the staff or constant improvement of its knowledge;
- documents confirming availability of instrumental means, equipment and resources necessary for performing of corresponding powers of authorityin the declared field in quantity proportional to the quantity of specialists;
- a set of documents including copies of licenses, certificates, diplomas, expert and scientific conclusions stipulated by the Russian Federation legislation on corresponding types of activities, necessary for carrying out works in the declared field with expiration period no less than 2 years.
13. Besides the documents mentioned in point 12 of the present Order of recognition, the Applicant – seeker of recognition in the field of carrying out of preparation of the crew members of maritime ships submits a certificate of the Applicant’s conformity issued by Federal Agency of maritime and river transport in accordance with the order of the Russian Federation Ministry of transport dated 10.02.2010 №32 “On adoption of the ruling on approval of the devices’ types and survey of the objects and centers” (registered in the Russian Federation Ministry of Justice on 09.06.2010, №17535).
14. Also, the Applicant has a right to submit at his discretion copies of the documents relating to the declared field which can confirm the Applicant’s competence. During performance of the recognition procedure, the following can be considered and referred to priorities by the Commission of the Russian Federation Ministry of transport as additional evidence of the Applicant’s competence:
- availability of the staff having qualification higher than higher education (academic degrees, academic titles) as well as working experience more than 3 years;
- availability of the plan of management activities (“business-plan”) on realization of functions of the recognized organization on the declared field of activities, which stipulates steps of the organization’s development, modes of the quality increase and improvement of the provided services, application of innovational solutions;
- availabilityofefficient internal system of quality management, based on corresponding elements of internationally recognized quality standards, availability of the system of internal audit and positive results of external audits, carried out by international associations, public organizations, specialized institutions.
15. The timeframe for consideration of the application and carrying out of the works of expertise of the Applicant’s documents by the Commission of the Russian Federation Ministry of transport must not exceed 45 working days from the moment of registration of the application. In case of consideration of the materials by the working group, stipulated by point 10 of the present ruling, the timeframe for consideration of the application and carrying out of the works of expertise of the Applicant’s documents must be increased by 90 working days.
16. Registration of the application is carried out in case of submission of the full package of documents, stipulated by points 11, 12, 13 of the present order of recognition. Results of consideration of the application and the result of estimation of the Applicant’s conformity to requirements set out for the recognized organizations or a motivated refusal on it (with indication of the reason) are directed to the Applicant in written form.
17. Upon the results of estimation of the Applicant’s conformity to requirements, set out for the recognized organizations by the Russian Federation Ministry of transport, the decision is made on conformity or non-conformity of the Applicant to requirements for the recognized organization in the declared field of activities. The decision of the Commission of the Russian Federation Ministry of transport is directed to the Applicant in written form within 10 days from the moment of decision taking.
18. At positive conclusion of the Commission of the Russian Federation Ministry of transport on conformity of the Applicant to the set out requirements, the Agreement on recognition is signed with the Applicant. The Agreement on recognition includes the elements (points), stipulated by resolutions of International Maritime Organization А.739(18), А.789(19).
19. The Agreement on recognition is signed, from the party of the Commission of the Russian Federation Ministry of transport, by Chairman of the Commission of the Russian Federation Ministry of transport or deputy Chairman of the Commission of the Russian Federation Ministry of transport, and from the Applicant’s party, by the person authorized to sign the Agreement on recognition in the established order. The Agreement on recognition can be signed for the period agreed by the parties but no more than 5 years.
20. In case of occurrence at the organization, which was recognized earlier, the necessity in realization of additional (new) types of works (services), not included in the actual Agreement on recognition, the procedure of recognition is carried out on general basis.
21. Information on recognition of the organizations as well as on annulations of recognition is placed on official site of the Russian Federation Ministry of transport and is directed to International Maritime Organization within 20 working days.
22. The Applicant ensures:
- overall control of activities of his organization and his staff;
- confidentiality of the received data and the results of works and prevention of access to them without sanctions;
- conformity of qualification, experience and quantity of workers of the organization to the volume of planned works and quantity of the Customers.
23. With a purpose of ensuring of the Russian Federation obligations’ performance, stipulated by point d), the rule 6 Chapter I Part A of International Convention on protection of the human life on sea of the year 1974, in relation to completeness and efficiency of the survey of ships on behalf of the Russian Federation, the Commission of the Russian Federation Ministry of transport carries out the following activities on recognition of the organizations:
- estimatesperiodicity and completeness of the data, received from the recognized organization on activities carried out in the declared field, processes and accounts it;
- requests and accounts the results of both internal and external audit of various fields of activities of the recognized organization;
- requests and accounts the results of checks of the objects and subjects of maritime and river transport, having certificate issued by the recognized organization, carried out by Rostransnadzor or its territorial bodies;
- requests and accounts the results of inspections of the ships, having certificate issued by the recognized organization, carried out by the captains of sea ports of the Russian Federation;
- considers appeals of the citizens, public organizations and other interested persons including the foreigners regarding activities of the recognized organizations;
- carries out analysis and estimation of current activities of the recognized organization on performance of the provisions of international agreements of the Russian Federation, legislation of the Russian Federation in the field of merchant shipping and protection of the sea environment from pollution from ships in the field of activities.
24. With a purpose of ensuring of the Russian Federation obligations’ performance, stipulated by Article I of International Convention on preparation and certification of the seafarers and keeping the watch on duty of the year 1978 with amendments in relation to support of the corresponding level of preparation and qualification of the crew members of sea ships as well as their capacity to carry out obligations of duty, the Commission of the Russian Federation Ministry of transport carries out the following activities on recognition of the organizations:
- estimatesperiodicity and completeness of the data, received from the recognized organization on activities carried out in the declared field, processes and accounts it;
- requests and accounts the results of both internal and external audit of various fields of activities of the recognized organization;
- accounts implementation and application of the modern and innovational methods and means of preparation of the crew members of sea ships as well as the recommended for application by International Maritime Organization;
- considers appeals of the citizens, public organizations and other interested persons including the foreigners regarding activities of the recognized organizations;
- carries out analysis and estimation of current activities of the recognized organization on performance of the provisions of International Convention on preparation and certification of the seafarers and keeping the watch on duty of the year 1978 with amendments.
25. Detected violations, deficiencies, non-conformities must be removed by the recognized organization in the possibly short period. At that the process of removal of these deficiencies must not influence on the timeframe and quality of the works’ performance in the declared field.
26. After removal of the detected deficiencies therecognizedorganizationmust take all necessary measures and develop necessary procedures with a purpose of non-admittance of their repeat in the future and inform the Commission of the Russian Federation Ministry of transport on the results within 30 working days from the moment of detection of the deficiency.
27. In case of termination of the Agreement on recognition, the Commission of the Russian Federation Ministry of transport directs a notification to the recognized organization in a written form within 10 working days from the moment of termination of the Agreement.
28. Repeated recognition of the organization is carried out on general basis.