Decreto n.º 16/2007

TEXTO :

Decreto n.º 16/2007

de 27 de Julho

As acções ilícitas intencionais e, em especial, o terrorismo, a pirataria e outros actos análogos contam-se entre as ameaças mais graves para os ideais de democracia, de liberdade e para os valores da paz.

Na sequência dessas novas ameaças e perigos, a comunidade internacional desenvolveu um conjunto de iniciativas, tendo em vista melhorar a protecção (security) do transporte marítimo e sua cadeia logística, de modo a assegurar, a todo o momento, a protecção (security) do transporte marítimo na comunidade internacional, dos cidadãos que o utilizam e do ambiente, face a essa nova realidade.

Neste sentido, a Conferência Diplomática da Organização Marítima Internacional (OMI), realizada em Londres em 12 de Dezembro de 2002, adoptou alterações à Convenção Internacional para a Salvaguarda da Vida Humana no Mar, 1974 (SOLAS 74), introduzindo um novo capítulo xi-2 e um Código Internacional para a Protecção (security) dos Navios e das Instalações Portuárias (Código ISPS), destinadas a reforçar a protecção (security) dos navios utilizados no tráfego internacional e das instalações portuárias conexas.

Foram, ainda, adoptadas nesta Conferência emendas ao capítulo v, "Segurança da navegação», e ao capítulo xi-1, "Medidas especiais para reforçar a segurança marítima», sendo agora necessário aprovar as alterações adoptadas nesta Conferência.

Assim:

Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova as emendas ao anexo da Convenção Internacional para a Salvaguarda da Vida Humana no Mar, 1974 (SOLAS 74), adoptadas pela Resolução n.º 1 da Conferência de Governos Contratantes à Convenção Internacional para a Salvaguarda da Vida Humana no Mar, Conferência SOLAS 2002, na versão autenticada na língua inglesa e respectiva tradução em língua portuguesa, que se publicam em anexo.

Visto e aprovado em Conselho de Ministros de 12 de Abril de 2007. - José Sócrates Carvalho Pinto de Sousa - João Titterington Gomes Cravinho - Henrique Nuno Pires Severiano Teixeira - Alberto Bernardes Costa - Francisco Carlos da Graça Nunes Correia - Mário Lino Soares Correia.

Assinado em 5 de Julho de 2007.

Publique-se.

O Presidente da República, Aníbal Cavaco Silva.

Referendado em 9 de Julho de 2007.

O Primeiro-Ministro, José Sócrates Carvalho Pinto de Sousa.

AMENDMENTS TO THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED

CHAPTER V

Safety of navigation

Regulation 19

Carriage requirements for shipborne navigational systems and equipment

1 - The existing subparagraphs 4, 5 and 6 of paragraph 2.4.2 are replaced by the following:

"4) In the case of ships, other than passenger ships and tankers, of 300 gross tonnage and upwards but less than 50,000 gross tonnage, not later than the first safety equipment survey (*) after 1 July 2004 or by 31 December 2004, whichever occurs earlier; and»

2 - The following new sentence is added at the end of the existing subparagraph 7 of paragraph 2.4:

"Ships fitted with AIS shall maintain AIS in operation at all times except where international agreements, rules or standards provide for the protection of navigational information.»

CHAPTER XI

Special measures to enhance maritime safety

3 - The existing chapter xi is renumbered as chapter xi-1.

Regulation 3

Ship identification number

4 - The following text is inserted after the title of the regulation:

"(Paragraphs 4 and 5 apply to all ships to which this regulation applies. For ships constructed before 1 July 2004, the requirements of paragraphs 4 and 5 shall be complied with not later than the first scheduled dry-docking of the ship after 1 July 2004.)»

5 - The existing paragraph 4 is deleted and the following new text is inserted:

"4 - The ship's identification number shall be permanently marked:

1) In a visible place either on the stern of the ship or on either side of the hull, amidships port and starboard, above the deepest assigned load line or either side of the superstructure, port and starboard or on the front of the superstructure or, in the case of passenger ships, on a horizontal surface visible from the air; and

2) In an easily accessible place either on one of the end transverse bulkheads of the machinery spaces, as defined in regulation ii-2/3.30, or on one of the hatchways or, in the case of tankers, in the pump-room or, in the case of ships with ro-ro spaces, as defined in regulation ii-2/3.41, on one of the end transverse bulkheads of the ro-ro spaces.

5.1 - The permanent marking shall be plainly visible, clear of any other markings on the hull and shall be painted in a contrasting colour.

5.2 - The permanent marking referred to in paragraph 4.1 shall be not less than 200 mm in height. The permanent marking referred to in paragraph 4.2 shall not be less than 100 mm in height. The width of the marks shall be proportionate to the height.

5.3 - The permanent marking may be made by raised lettering or by cutting it in or by centre-punching it or by any other equivalent method of marking the ship identification number which ensures that the marking is not easily expunged.

5.4 - On ships constructed of material other than steel or metal, the Administration shall approve the method of marking the ship identification number.»

6 - The following new regulation 5 is added after the existing regulation 4:

"Regulation 5

Continuous synopsis record

1 - Every ship to which chapter i applies shall be issued with a continuous synopsis record.

2.1 - The continuous synopsis record is intended to provide an on-board record of the history of the ship with respect to the information recorded therein.

2.2 - For ships constructed before 1 July 2004, the continuous synopsis record shall, at least, provide the history of the ship as from 1 July 2004.

3 - The continuous synopsis record shall be issued by the Administration to each ship that is entitled to fly its flag and it shall contain at least the following information:

1) The name of the State whose flag the ship is entitled to fly;

2) The date on which the ship was registered with that State;

3) The ship's identification number in accordance with regulation 3;

4) The name of the ship;

5) The port at which the ship is registered;

6) The name of the registered owner(s) and their registered address(es);

7) The name of the registered bareboat charterer(s) and their registered address(es), if applicable;

8) The name of the company, as defined in regulation ix/1, its registered address and the address(es) from where it carries out the safety management activities;

9) The name of all classification society(ies) with which the ship is classed;

10) The name of the Administration or of the Contracting Government or of the recognized organization which has issued the Document of Compliance (or the Interim Document of Compliance), specified in the ISM Code as defined in regulation ix/1, to the company operating the ship and the name of the body which has carried out the audit on the basis of which the Document was issued, if other than that issuing the Document;

11) The name of the Administration or of the Contracting Government or of the recognized organization that has issued the Safety Management Certificate (or the interim safety management certificate), specified in the ISM Code as defined in regulation ix/1, to the ship and the name of the body which has carried out the audit on the basis of which the Certificate was issued, if other than that issuing the certificate;

12) The name of the Administration or of the Contracting Government or of the recognized security organization that has issued the international ship security certificate (or the interim international ship security certificate), specified in part A of the ISPS Code as defined in regulation xi-2/1, to the ship and the name of the body which has carried out the verification on the basis of which the certificate was issued, if other than that issuing the certificate; and

13) The date on which the ship ceased to be registered with that State.

4.1 - Any changes relating to the entries referred to in paragraphs 3.4 to 3.12 shall be recorded in the continuous synopsis record so as to provide updated and current information together with the history of the changes.

4.2 - In case of any changes relating to the entries referred to in paragraph 4.1, the Administration shall issue, as soon as is practically possible but not later than three months from the date of the change, to the ships entitled to fly its flag either a revised and updated version of the continuous synopsis record or appropriate amendments thereto.

4.3 - In case of any changes relating to the entries referred to in paragraph 4.1, the Administration, pending the issue of a revised and updated version of the continuous synopsis record, shall authorize and require either the company as defined in regulation ix/1 or the master of the ship to amend the continuous synopsis record to reflect the changes. In such cases, after the continuous synopsis record has been amended, the company shall, without delay, inform the Administration accordingly.

5.1 - The continuous synopsis record shall be in English, French or Spanish language. Additionally, a translation of the continuous synopsis record into the official language or languages of the Administration may be provided.

5.2 - The continuous synopsis record shall be in the format developed by the Organization and shall be maintained in accordance with guidelines developed by the Organization. Any previous entries in the continuous synopsis record shall not be modified, deleted or, in any way, erased or defaced.

6 - Whenever a ship is transferred to the flag of another State or the ship is sold to another owner (or is taken over by another bareboat charterer) or another company assumes the responsibility for the operation of the ship, the continuous synopsis record shall be left on board.

7 - When a ship is to be transferred to the flag of another State, the company shall notify the Administration of the name of the State under whose flag the ship is to be transferred so as to enable the Administration to forward to that State a copy of the continuous synopsis record covering the period during which the ship was under its jurisdiction.

8 - When a ship is transferred to the flag of another State, the Government of which is a Contracting Government, the Contracting Government of the State whose flag the ship was flying hitherto shall transmit to the Administration as soon as possible after the transfer takes place a copy of the relevant continuous synopsis record covering the period during which the ship was under their jurisdiction together with any continuous synopsis records previous issued to the ship by other States.

9 - When a ship is transferred to the flag of another State, the Administration shall append the previous continuous synopsis records to the continuous synopsis record the Administration will issue to the ship so to provide the continuous history record intended by this regulation.

10 - The continuous synopsis record shall be kept on board the ship and shall be available for inspection at all times.»

7 - The following new chapter xi-2 is inserted after the renumbered chapter xi-1:

"CHAPTER XI-2

Special measures to enhance maritime security

Regulation 1

Definitions

1 - For the purpose of this chapter, unless expressly provided otherwise:

1) 'Bulk carrier' means a bulk carrier as defined in regulation ix/1.6;

2) 'Chemical tanker' means a chemical tanker as defined in regulation vii/8.2;

3) 'Gas carrier' means a gas carrier as defined in regulation vii/11.2;

4) 'High-speed craft' means a craft as defined in regulation x/1.2;

5) 'Mobile offshore drilling unit' means a mechanically propelled mobile offshore drilling unit, as defined in regulation ix/1, not on location;

6) 'Oil tanker' means an oil tanker as defined in regulation ii-1/2.12;

7) 'Company' means a company as defined in regulation ix/1;

8) 'Ship/port interface' means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods or the provisions of port services to or from the ship;

9) 'Port facility' is a location, as determined by the Contracting Government or by the designated authority, where the ship/port interface takes place. This includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate;

10) 'Ship to ship activity- means any activity not related to a port facility that involves the transfer of goods or persons from one ship to another;

11) -Designated authority- means the organization(s) or the administration(s) identified, within the Contracting Government, as responsible for ensuring the implementation of the provisions of this chapter pertaining to port facility security and ship/port interface, from the point of view of the port facility;

12) -International Ship and Port Facility Security (ISPS) Code- means the International Code for the Security of Ships and of Port Facilities, consisting of part A (the provisions of which shall be treated as mandatory) and part B (the provisions of which shall be treated as recommendatory), as adopted, on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974, as may be amended by the Organization, provided that:

1) Amendments to part A of the Code are adopted, brought into force and take effect in accordance with article viii of the present Convention concerning the amendment procedures applicable to the annex other than chapter i; and

2) Amendments to part B of the Code are adopted by the Maritime Safety Committee in accordance with its rules of procedure;

13) -Security incident- means any suspicious act or circumstance threatening the security of a ship, including a mobile offshore drilling unit and a high-speed craft, or of a port facility or of any ship/port interface or any ship-to-ship activity;

14) -Security level- means the qualification of the degree of risk that a security incident will be attempted or will occur;

15) -Declaration of security- means an agreement reached between a ship and either a port facility or another ship with which it interfaces specifying the security measures each will implement;

16) -Recognized security organization- means an organization with appropriate expertise in security matters and with appropriate knowledge of ship and port operations authorized to carry out an assessment, or a verification, or an approval or a certification activity, required by this chapter or by part A of the ISPS Code.

2 - The term -ship-, when used in regulations 3 to 13, includes mobile offshore drilling units and high-speed craft.

3 - The term -all ships-, when used in this chapter, means any ship to which this chapter applies.

4 - The term -Contracting Government-, when used in regulations 3, 4, 7 and 10 to 13, includes a reference to the designated authority.

Regulation 2

Application

1 - This chapter applies to:

1) The following types of ships engaged on international voyages:

1.1) Passenger ships, including high-speed passenger craft;

1.2) Cargo ships, including high-speed craft, of 500 gross tonnage and upwards; and

1.3) Mobile offshore drilling units; and

2) Port facilities serving such ships engaged on international voyages.

2 - Notwithstanding the provisions of paragraph 1.2), Contracting Governments shall decide the extent of application of this chapter and of the relevant sections of part A of the ISPS Code to those port facilities within their territory which, although used primarily by ships not engaged on international voyages, are required, occasionally, to serve ships arriving or departing on an international voyage.

2.1 - Contracting Governments shall base their decisions, under paragraph 2, on a port facility security assessment carried out in accordance with the provisions of part A of the ISPS Code.

2.2 - Any decision which a Contracting Government makes, under paragraph 2, shall not compromise the level of security intended to be achieved by this chapter or by part A of the ISPS Code.

3 - This chapter does not apply to warships, naval auxiliaries or other ships owned or operated by a Contracting Government and used only on Government non commercial service.

4 - Nothing in this chapter shall prejudice the rights or obligations of States under international law.

Regulation 3

Obligations of Contracting Governments with respect to security

1 - Administrations shall set security levels and ensure the provision of security level information to ships entitled to fly their flag. When changes in security level occur, security level information shall be updated as the circumstance dictates.

2 - Contracting Governments shall set security levels and ensure the provision of security level information to port facilities within their territory, and to ships prior to entering a port or whilst in a port within their territory. When changes in security level occur, security level information shall be updated as the circumstance dictates.

Regulation 4

Requirements for companies and ships

1 - Companies shall comply with the relevant requirements of this chapter and of part A of the ISPS Code, taking into account the guidance given in part B of the ISPS Code.

2 - Ships shall comply with the relevant requirements of this chapter and of part A of the ISPS Code, taking into account the guidance given in part B of the ISPS Code, and such compliance shall be verified and certified as provided for in part A of the ISPS Code.

3 - Prior to entering a port or whilst in a port within the territory of a Contracting Government, a ship shall comply with the requirements for the security level set by that Contracting Government, if such security level is higher than the security level set by the Administration for that ship.

4 - Ships shall respond without undue delay to any change to a higher security level.

5 - Where a ship is not in compliance with the requirements of this chapter or of part A of the ISPS Code, or cannot comply with the requirements of the security level set by the Administration or by another Contracting Government and applicable to that ship, then the ship shall notify the appropriate competent authority prior to conducting any ship/port interface or prior to entry into port, whichever occurs earlier.

Regulation 5

Specific responsibility of companies

The company shall ensure that the master has available on board, at all times, information through which officers duly authorized by a Contracting Government can establish:

1) Who is responsible for appointing the members of the crew or other persons currently employed or engaged on board the ship in any capacity on the business of that ship;

2) Who is responsible for deciding the employment of the ship; and

3) In cases where the ship is employed under the terms of charter party(ies), who are the parties to such charter party(ies).

Regulation 6

Ship security alert system (**)