REGULATION ON THE SELECTION AND
AUTHORIZATION OF CLASSIFICATION SOCIETIES ACTING ON BEHALF OF THE
FLAG STATE FOR TURKISH FLAGGED SHIPS
SECTION ONE
Purpose, Scope, Base, and Definition
Purpose
Article 1. : The purpose of this Regulation is to lay down the principles and
procedures relating to the selection, authorization, supervision and the
cancellation of powers, of societies which shall execute testing, inspection,
approval and certification services on the basis of the principle of free
execution, on behalf of the Administration, within the scope of the monitoring
and supervision of the minimum safety and qualification requirements that
Turkish flagged ships shall be subject to during the construction, repair, and
usage stages as a consequence of the national legislation and conventions to
which Turkey is a party, resolutions, rules, codes, circulars and other
documents and with the aim of ensuring safety of life and property at sea and
the prevention of marine pollution.
Scope
Article 2. This Regulation covers Turkish and foreign corporate persons which
have been authorized by the Administration and which have applied to the
Administration to undertake the testing, inspection, approval and certification
services of Turkish flagged ships.
Base
Article 3. This Regulation has been issued on basis of the provisions of the
decree On the Establishment and Duties of the Undersecretariat for Maritime
Affairs No:491, dated 10/8/1993 and article 3 and paragraph (b) of amended
article 7 of the Law No:4745 dated 7/2/2002, as well as on basis of the
provisions of the paragraph (f) of the said law, and the Resolution No: A. 739
(18) of the International Maritime Organization (IMO) to which our country is a
party.
Definitions
Article 4. The following terms and expressions covered in this Regulation
shall carry the following meanings:
Administration shall mean the Undersecretariat for Maritime Affairs;
IMO shall mean the International Maritime Organization;
ILO shall mean the International Labour Organization;
Ship shall mean any vessel, regardless of its name, tonnage and purpose of
use, flying the Turkish flag and operating by means other than oars,
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Registered Ship shall mean a ship which has been issued a class certificate or
a certificate on behalf of the Administration within the framework of the
authority assignment protocol, by a classified society,
Registration shall mean issuing certificate of classification or a certification by
any Authorized Organization under an authorization protocol on behalf of the
Administration, as well as registering and recording all the information and data
regarding the ship, in the form and substance specified by the Administration
or used by the society;
Inspection/Survey shall mean the examinations and inspections that have to
be made in accordance with the national legislation and international
conventions, as well as the examinations and inspections to be made on non
compulsory subjects, as requested by the Administration;
Report shall mean a report issued based on the examination and survey;
National Rules shall mean the prevailing laws, directives, regulations, and such
national legislation etc., which are currently in force;
International Conventions shall mean the international conventions regarding
maritime matters, to which our country is a party, especially of the International
Maritime Organization (IMO) and the International Labour Organization (ILO);
Certificate shall mean the document issued by the Administration or any
authorized society acting on behalf of the Administration, in accordance with
the national legislation and the international conventions;
Recognized Organization shall mean a society that has been authorized by the
contracting governments in accordance with the rules of the IMO, and whose
accreditation has been announced by the IMO, or that has been authorized
and/or accredited, in accordance with the international criteria, by any
committees formed by the regional associations, and whose accreditation has
been duly announced;
Authorized Organization shall mean a society authorized to make surveys and
issue certificates under national and international rules and obligations on
behalf of the Administration and on the subjects determined by the
Administration in accordance with the provisions of this Regulation;
Authority Assignment Protocol shall mean a protocol specifying the authorities
and mutual liabilities, to be executed by the societies to be authorized by the
Administration to make surveys and issue certificates on behalf of the
Administration, taking into account the rules and recommendations of the
International Marine Organization (IMO);
Classification Certificate shall mean a document issued by the recognized
organization and which proves ship’s structural and mechanical properties
conforming with the organization’s specific rules and procedures, considering
the purpose of use and operation area of such ship;
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Full Authority shall mean a full authorization to perform plan review, to carry
out examinations and inspections and to issue interim and/or full term
certificates.
Partial Authority shall mean a partial authorization to plan review, to carry out
examinations and inspections and issue probable interim certificate.
Limited Authority shall mean a limited authorization to account for other special
categories not covered by the above,
Flag State Control shall mean any surveys and inspections on the Turkish
flagged ships under the provisions of national rules and international
conventions;
Port State Control shall mean any surveys and inspections, under the
memorandums to which the state is a party, on the ships calling at a State’s
seaports or situated within its territorial waters in accordance with the
international rules.
SECTION TWO
Request, Evaluation, Protocol, and General Provisions
Request of / for Authorization
Article 5. The recognized organizations that request authorization shall
apply to the Administration together with any information, documents and
papers evidencing their conformity to the prescribed terms and conditions for
such authorization, established in this Regulation and its annex.
Evaluation
Article 6. Such applying organizations must submit to the Administration
any additional information and documents on demand, upon the completion of
initial investigation by the Administration.
The file prepared on the completion of investigation shall be submitted to
the Commission that is established under the article 7 of this Regulation. The
Commission shall, upon its examination of such file, evaluate whether the
recognized organization is qualified for authorization or not. The Commission
may request any additional information and documents from any societies
concerned. The Undersecretary shall be notified on the outcome of the
evaluation.
The Administration shall authorize those organizations that would satisfy
and meet any terms and conditions established in the provisions of the
decision with number A. 847 (20) of the IMO, titled “Guidelines for Flag States
to Implement the IMO Rules”, and of any annexes thereof, as well as
contained in the annex to this Regulation.
The Administration may grant a limited authorization, initially for a period of
three years, also to those recognized organization that would not meet any
quantitative conditions as specified in the paragraph 1.2 of the attached
“Minimum Criteria to make surveys and issue certificates on behalf of the
Administration”, provided that upon above-mentioned examination and
evaluation those societies have been found to satisfactorily meet any other
stipulations prescribed in the annex to these Regulations, as well as any and
all provisions contained in the decision with number A.847 (20) of the IMO, and
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in any annexes thereof. If the performance records of the recognized
organization concerning the safety and pollution prevention have been found
to comply with the prescribed standards during the said period, such limited
authority may be extended by the Administration for a further period of three
years, subject to an evaluation to be carried out in the same manner. The
number of extensions of duration cannot exceed two. Time-limited
authorization does not effect the implementation of Articles 28 and 29 of this
Regulation.
Evaluation Commission
Article 7. The Evaluation Commission is composed of at least seven
members, including the Undersecretary or Deputy-Undersecretary to be duly
assigned by the Undersecretary, who shall preside the Commission, the
Directors General, the Assistant Directors General or the Department Heads
as well as a Legal Counsel and the Presidents of the Boards of Ship Surveys.
The Commission may be assisted by any institutions and organizations, which
would be relevant to any subjects and matters necessitating particular
specialization.
The secretarial services of the Commission shall be fulfilled by the Head of
Departments related.
Authority Assignment Protocol
Article 8. An “Authority Assignment Protocol” shall be concluded between
these organizations that meet the “Minimum Criteria to make surveys and
issue certificates on behalf of the Administration”, for those societies
authorized by the Administration, and with those societies which have been
confirmed as meeting any other necessary conditions and those organisations
whose authorisation requests have been found appropriate, on the one hand
and the Undersecretary on the other. The mentioned protocol renders the
authority to make surveys and issue certificates on behalf of the Administration
on a full, partial or limited basis, for a specified or unspecified period of time.
The Authority Assignment Protocol shall be prepared according to the
provisions of this regulation and taking into account the provisions of
MSC/Circ. 710 and MEPC/Circ. 307 of the “Model Agreement For the
Authorization of Societies which Act on behalf of the Administration” executed
by the IMO’s Safety of Sea Committee and the Committee of Protection of the
Maritime Environment.
In addition to the provisions mentioned above, the “Guidelines On
Authorizing Societies To Act on behalf of the Administration” established by
Resolution, No. A.739 (18), of the General Assembly of the IMO and the
procedures contained in the annex to these Guidelines, as well as the
Resolution No. A.789 (19), of the General Assembly of the IMO titled “The
Properties of Surveying and Certification Functions of Societies Carrying out
Surveys and Issuing Certificates on behalf of the Administration” and the
matters contained in the annexes to this resolution, shall be taken into
account.
The rights and obligations of a society shall come into effect following the
signing of this protocol by the relevant parties.
Registration of Ships to the Authorized Organizations
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Article 9. The authorized organizations must record all information
concerning the ships registered under their authority in the manner deemed
appropriate by the Administration. As soon as possible or prior to the
commencement of survey processes on a ship to be registered, the
organizations shall notify the Administration of any information related to such
ships and any surveys already carried out/to be carried out. The organizations
may request from the Administration any previous information pertaining to the
ship and reports on the surveys of a ship as well as any other necessary
information.
Information regarding Turkish Flagged ships registered by the authorized
organizations shall be freely accessible by the Administration. Disclosure of
such information to any other organizations will be subject to the permission of
the Administration.
Transfers of Ships Between Authorized Organizations
Article 10. In case a ship is transferred from one authorized organization to
another, the losing Authorized organization and the gaining authorized society
shall immediately inform the Administration. Furthermore, all the information on
such a ship, including all the surveys with terms expired, any
recommendations for the ship, which have not been fulfilled by the ship owner,
any classification conditions of the ship, any operating conditions of the ship,
any issued instructions restricting the operations of the ship, the ship’s file
indicating the last survey report outlining any defects of the ship, and all
information concerning the ship, shall be conveyed by the losing authorized
organization, with which the ship is deregistered, to the Administration and the
gaining authorized organizations, with which the same is currently registered,
within three working days.
The gaining authorized organization draw up any certificate to the ship,
unless any defects and failures to be determined upon a survey they will make
on basis of the information provided from the losing authorized organization
and from the Administration, are fulfilled and completed. In case such failures
are fulfilled, they shall, prior to the issuance of any certificate, inform the
Administration and the losing authorized society, of all transactions carried out,
including the place and time of any surveys they have made, and the validity
and issuing date of such certificates. In addition to the information stated
above, as earlier as possible, they will send any information such as the
reports and check lists concerning these surveys.
Authorized Organisations, without the consent and instructions of the
Administration, cannot register a ship which has transferred its authorized
society due to its defects or deficiencies or because its certificate has been
cancelled by another society.
Obligation of General Notification
Article 11. Authorized organizations are obliged to notify the
Administration, on a quarterly basis, on fleet information, including any
amendments thereto, on the Turkish Flag ships, which remain within its scope
of authorities and which they have duly registered and to allow such
information to be properly accessible by the Administration in electronic base
milieu. This notification shall include information on the organization’s
organizational structure, other activities, data regarding the personnel
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employed in the activities carried out in our country under these Regulations,
and any amendments and changes to those matters.
Authorized organizations are also obliged to notify the Administration
immediately of an up-to-dated and justified report covering the information on
the ships that have been voluntarily/forcedly deregistered from the register of
an authorized society or whose registration were suspended, as well as on the
information concerning any overdue surveys and audits and deficiencies
determined during surveys that had to be fulfilled, but have not been yet
fulfilled, and on information regarding how to proceed in such cases, and it is
also responsible for providing such information and data freely accessible in
the electronic environment.
Data Exchange Between Authorized Organizations and the
Administration
Article 12. Authorized organizations, in addition to its obligation of general
notification specified in the above-mentioned article, shall:
a. Submit to the Administration one copy of each of the rules, forms, and
explanations implemented by them concerning the subjects for which they are
authorized, in the electronic environment and in printed documents, as well as
one copy of each software utilized in calculation if there is no technical
impediment and legal restriction;
b. Submit to the Administration one copy of every certificate they have
issued under their authorities, marked “COPY” in red colored seal to protect
such copies from being reproduced;
c. Submit to the Administration any forms, reports, check lists, and plans
concerning transactions done on the ships, under their authorities, together
with any comments thereto, if deemed necessary;
d. Notify the Administration of any information, updated on a regular basis,
concerning the rules, recommendations, and codes they have been
implementing.
The Administration is entitled to demand any additional notifications with
respect to the above matters if it necessary, based on amendments to national
and international legislation.
Communication and Coordination Among Authorized Organizations
Article 13. The Administration shall, in accordance with the provisions of
Resolution No. A.847(20), of the General Assembly of the IMO, titled
“Guidelines For Assistance in Implementations of the IMO Instruments by the
Flag States”, provide the exchange of information and experience as well as
the periodical relations for advisory purposes and coordination among the
authorized societies, for the purpose of harmonizing the technical standards of
the authorized societies and standardizing the implementations thereof. For
that purpose the Administration shall arrange at least once a year a meeting at
which the representatives of all the authorized societies are entitled to attend.
The Administration’s function as a coordinator also includes any transfer of
authorized organizations, any exchange among relevant authorized societies
of information on ships registered from an authorized society or whose
certificate is suspended, as well as any technical details related thereto.
Notifications of Authorized Organizations
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Article 14. The Administration shall notify the IMO and, where necessary,
other states, international and regional organizations and commissions, of any
societies authorized with the Authority Assignment Protocol to act on behalf of
the Administration.
Necessary notifications of recognized organizations authorized by
international organizations and commissions to act on behalf of other states
shall be made by the Administration.
Unscheduled Surveys
Article 15. If the Administration deems necessary, Turkish Flagged ships
registered at authorized societies shall be subject to out of schedule surveys,
the additional surveys shall be determined by the Administration and shall be
notified to Authorized Societies. The Administration shall take into account
criteria such as age and type of the ship to determine the amount of
unscheduled surveys. Prioritised ships will be determined according to these
criteria. The amount established by the Administration shall not be less than
for 10% each year. In case an authorized organization fails to maintain this
rate according to the criteria established by the Administration, due to specific
restrictions such as number and type of ships under their authority, they may,
subject to the approval of the Administration, supplement such rate with other
ships remaining under their authority. Any reports and documents regarding
thereon shall be submitted to the Administration.
The Administration may, at any time, demand an unscheduled survey on
any ship, in any place and content whenever required and may request reports
and documents related to such a survey.
Port State Controls
Article 16. The Authorized Organizations shall inform the Administration,
on a regular basis, of any faults and defects, which may be detected following
an inspection by any port state on a Turkish Flagged ship, whether detained or
not, which is registered with the Authorized Organization, as well as of any and
actions carried out/taken with respect thereto, and any other matters to be
requested by the Administration. All information, documentation, and reports
regarding the mentioned procedures shall be submitted to the Administration
as soon as possible.
Authorized Societies shall cooperate with the foreign port state regarding
any deficiencies detected by the mentioned port state control, for any ships
registered under their authority under the supervision of the Administration.
The Administration if it deems necessary, may urge an authorized society
to inspect whether a ship under its registration certified by the surveillance of
the administration and which has been subject to port state control, has done,
within the set time and limits, what is necessary to the deficiencies determined
following port state control.
Participation To Activities determined by the Administration
Article 17. To fulfil the objectives of the enhancement of the Turkish
maritime sector and the Turkish ship construction and repair industry, and the
enhance the safety of navigation, life, property and the environment, every
authorized society shall prepare at least one project each year. The subject of
each project shall be determined by the Administration, or a subject may be
proposed and introduced to the choice of an authorized society. The projects
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shall be prepared on the following subjects: the enhancement of marine safety,
the protection of the maritime environment, risk management, standards of
quality, construction-repair techniques, modes of transportation, flag state
implementation, the preparation of legislation. The mentioned projects shall be
prepared jointly with the administration or exclusively by the authorized
societies. The completed projects, together with the related documents and
reports shall be submitted to the Administration in due time. The excess of one
year for the preparation of a project will not be an obstruction for the obligation
of the preparation of a new project the following year.
Seminars and Conferences
Article 18. Not more than twice a year authorized organizations shall
organize, within the annual program specified by the Administration, seminars
or conferences to the Administration and to firms whose ship(s) is/are
registered with the authorized societies, on current of new practises to be put
into effect.
Each December authorized organizations shall submit to the Administration
the list of training programs, seminars, or conferences that shall be organized
in the following year. Education programs prescribed by the Administration
shall be attended by no more than three people on a free of charge basis. This
application is also valid for yearly out of schedule or individual education
programs, seminars and conferences, and shall be announced separately to
the Administration in the earlier appropriate time.
Interpretations, Equivalents and Exemptions
Article 19. Authorized organizations may interpret the technical conditions
of international documents and adopt within the limits of these documents, and
in accordance with technical conditions, documents equivalent to the above.
After the determination of equivalent implementations, the Administration
shall have the priority in the implementation of national and international rules,
in the interpretation of arranging certificates and in the acceptance of
applicable rules which may substitute these rules.
The right of exemption from the requirements of these national and
international rules belongs totally to the Administration.
Language
Article 20. All rules, arrangements, instructions and forms utilized by
Authorized organizations shall be prepared in Turkish and English, if requested
by the Administration, the above-mentioned will only be utilized in Turkish and
shall only be translated into Turkish.
The Turkish Representation Office of Authorized Organizations
Article 21. In addition to the conditions set forth in this regulation, societies
authorized by the Administration will have to keep an established permanent
residence, in accordance with Turkish Laws, in foreign countries. In case new
ships shall be constructed under the supervision of authorized societies,
permanent staff members shall also be present at the construction area.
SECTION THREE
Financial Responsibility, Mutual Rights
and Responsibilities
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Financial Responsibility
Article 22. In case of responsibility arising from the activities of authorized
societies or other organisations acting on behalf of them, and their personnel
and agencies, the following will hold true if a decision of the court has been
finalized concerning the mentioned activities;
a) In cases where the decision attribute responsibility to the Administration
of bodily damages such as losses, injuries, labour force losses, and death
emanating from deliberate actions, the Administration shall revoke all costs
from the authorized society.
b) In cases where the decision to attribute responsibility to the
Administration of bodily damages such as losses, injuries, labour force losses,
and death emanating from negligent activities, the Administration shall revoke
to the authorized society in proportion with its fault. The cost of the damage
would probably not exceed 4 million Euros.
c) In cases where the decision to attribute responsibility to Administration of
material damages such as the loss of property, its damage, the reduction of its
value, emanating from either deliberate or negligent actions, the Administration
shall revoke to the authorized society in proportion with its fault. The cost of
damage would probably not exceed 2 million Euros.
Mutual Rights and Obligations
Article 23. The Administration shall take any necessary measures to
ensure proper construction ships flying the Turkish flag, in compliance with
national rules or, when necessary, the rules of an authorized organization,
concerning the hull, machinery, electrical, and control systems, and to ensure
the maintenance of such compliance.
A Classification Certificate shall be issued by the authorized organization to
the ships of which construction has been completed under the regulations and
control of the authorized society. Authorized societies are obliged to authorize
the use of the above-mentioned regulations as equivalents by the
administration and to provide certificates, documents and instruments, to
facilitate the application.
Harmonized System of Survey and Certification (HSSC)
Article 24. Societies authorized by the Administration, shall act in
accordance with the following terms set forth by the Harmonized System of
Survey and Certification (HSSC), in approval, certification and inspection of
Turkish Flagged ships;
a) Surveys that have to be prepared in accordance with international rules
shall be arranged by the Administration and/or societies authorized by the
Administration in accordance with this regulation.
b) Authorized societies may be given an ad hoc authority by the
Administration for the carrying out of initial, renewal and additional
surveys/inspections and for the preparation of certificates in cases where the
ship is abroad and when the Administration deems it necessary to prepare
certificates in accordance with international regulations.
In the above-mentioned cases, authorized organizations shall issue interim
or short-term certificates following a survey. All the survey/inspection reports
and documents connected with such survey and subsequent
certificate/document shall be submitted to the Administration. If the procedures
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are considered adequate a full-term permanent certificate shall be issued by
the Administration.
The Administration may, if it deems necessary, entitle any authorized
organizations to make annual, intermediate, periodical, and additional surveys,
in accordance with the provisions of this paragraph.
c) If the results of the surveys carried out on behalf of the Administration
are found satisfactory, the authorized organizations shall approve the part of
the certificate regarding the survey, and submit it together with any necessary
information to the Administration. If the result is not found satisfactory, the
Administration shall be informed about the outstanding deficiencies.
d) IMO’s surveys concerning the issuance of special certificates and the
renewal of them under the codes “Mobile Offshore Drilling Units (MODU)”,
“Special Purpose Ships (SPS)”, “Dynamically Supported Craft (DSC)”, “High
Speed Craft (HSC)” shall be performed by the Administration. In the event that
an extraordinary situation occurs the Administration may separately entitle any
authorized societies for each inspection to make such surveys. If such an
authorization shall be given, the authorized society presents all the dossiers
and documents concerning the survey to the Administration. Should the
Administration find them satisfactory, the necessary certificate shall be issued.
e) The survey and certification services of any radio Communication
Equipment shall be performed by the Administration, while the licence and
installation permit services shall be performed the Official Telecommunication
Institution. In the event that an extraordinary situation occurs when the ship is
abroad, the Administration may entitle, upon informing the Official
Telecommunication Institution, any authorized organizations to make such
surveys.
If authorized organizations finds any changes in the safety radio records
during the survey or if the ship is newly being nationalized, the society shall
submit to the Administration the detailed safety radio records as a basis for
issuing the relevant licence.
f) The surveys to be arranged within the scope of this Regulation shall be
carried out in accordance with the IMO’s General Assembly Resolution number
A. 746 (18) titled “Guidelines of Harmonized Survey and Certification ”, as well
as any subsequent decisions for amendment thereto, and the provisions of this
Regulation. The surveys to be conducted within this framework, for
certification, are as follows: initial survey, renewal survey, periodical survey,
intermediate survey, annual survey, additional survey, inspections of the
outside of the ship’s bottom.
g) Safety Construction, Safety Equipment and Safety Radio Surveys, which
are maintained according to the international certificates, including initial,
renewal and additional surveys, shall be carried out by the Administration per
se. In extraordinary situations the provisions of the paragraph (b) of this article
shall be applied.
h) The surveys, which are conducted for international certificates, except
for those mentioned in the paragraph (g) of this article, are carried out by the
authorized society in accordance with the Authority Assignment Protocol and
the provisions of this Regulation. Any documents and certificates issued by the
authorized societies related to such surveys, as well as any transactions for
the certification shall be notified to the Administration.
International Ship and Port Facilities Security Code
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Article 25. The Administration may transfer authority, within the scope of
conditions to be set forth by the Administration, to a society that fulfils the
requirements defined in Article I/6 and section XI-1/1 of the International
Convention of Safety of Life and Property at Sea and which at least contains
the Condition of Specialization related to safety set forth in the ISPS Code
section B paragraph 4.5, taking into consideration the articles of section B of
the ISPS Code, for the purpose of realizing the requirements of the above mentioned convention, to undertake to Certify the Ships Safety Plans or any
amendments thereto, approve of the ships conformity to the requirements set
forth in section A of the Code and Chapter XI-2 of the convention, make the
Safety Evaluations of Port facilities situated in Turkish Ports and drawing and
instructing the Safety Plan of Port Facilities, by means of an Authority
Assignment Protocol.
SECTION FOUR
Remuneration, Inspection, Suspension or Cancellation of Authorities
Remuneration
Article 26. Authorized organizations may take charges from
people/organisations which demand direct services, from these societies for
services to be conducted with their competencies. This charge shall not
exceed a precedent charge that will be obtained from a similar service. In
addition, the characteristics and the duration of the service to be conducted
shall be taken into consideration in determining the account of the
remuneration.
The Auditing of the Authorized Organizations
Article 27. The Administration or an Independent Auditing Group appointed
by the Administration shall inspect whether the authorized society is carrying
out its responsibilities in accordance with the Authority Assignment Protocol
and whether the society is maintaining its position at the stage of its
authorization. The inspection shall be conducted at least once a year and
report shall be prepared thereto.
Inspections include the authorized organization’s activity records
concerning sea safety and prevention of sea pollution, records concerning
accident and port state investigations, surveys carried out by the authorized
organization, office, equipment, staff quality and education subjects whether
the authorized societies is living up the criteria set forth in this regulation, as
well as, if demanded by the Administration, the annual inspection records of
the authorized organization’s own quality system.
Each year the Administration may conduct random and detailed
unscheduled surveys and prepare reports to ships which it chooses. The
above-mentioned shall hold true if the number of unscheduled activities is no
less than %10 of the number of Turkish flagged ships registered with the
authorized society.
Limitation and Suspension of Authorities
Article 28. When it is determined that the authorized society has not fully
and with in the appropriate time limits, fulfilled its duties and obligations set
forth in this regulation, when it is related to the prevention of maritime pollution
and safety, and from the records concerning the unscheduled surveys
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conducted in accordance with Article 27 of this regulation and from records on
accidents and port state control it has been concluded that the performance of
the authorized organization deteriorated, or if following inspections, it is
understood that records have not been kept fully and properly, and/or that their
exists inconsistencies or that the minimum criteria set forth by the annex to this
Regulation are no longer existing, the authorized organization shall be warned
in written form by the Administration and will be required to take the necessary
measures and make the necessary corrections n one month.
If it is decided, by a commission to be established by the Administration,
taking the opinion of the authorized organization into consideration, that at the
end of the 1 month period, the reasons that had to the warning have not been
fully diminished, the Administration can either limit or suspend the authority of
the organization for a period of three months.
If, at the and of this period or during this period, it has been determined,
after an inspection to be conducted upon the request of the authorized
organization, that the reasons, that not the warning have diminished, the
decision to limit or suspend the authority shall be cancelled.
Authorized organisations whose authorities have been suspended, cannot
make surveys/inspections and cannot issue certificates or renew certificates in
the framework of this regulation within the period of suspension. However,
previously issued certificates will remain in force.
The Administration shall notify all related organisations of the authorized
organisations whose authorities have been restricted or suspended.
Annulment of the Authorities
Article 29. The Administration shall annul the authority of the following:
Authorized organisations;
a) If after an inspection conducted at the and of the specified time, the
reasons that led to the suspension or restriction of authority in accordance with
article 28 of this regulation have been found to be existing,
b) If, authorities granted to the authorized organisation within the framework
of this Regulation, have been restricted or suspended more than twice in two
years.
Authority Assignment Protocols signed within the framework of this protocol
may be terminated, by the Administration without having to indicate a reason
and written notice on condition of one-years.
SECTION FIVE
Miscellaneous Provisions
Reserved Rights
Article 30. The Administration reserves the right to implement all
internationally accepted amendments, corrections and annexes to the IMO
conventions, General Assembly Resolutions, Rules and Guidelines and other
documents referred to in this regulation.
Participation to the International Studies
Article 31. A permanent or interim representative may be appointed to
international organizations, regional commissions, and working groups that will
make studies on organisations acting on behalf of the Flag State, and on their
work and authorities.
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If it deems necessary, the working procedures and decisions rendered by
these commissions and organisation come into effect by means of a circular,
on the condition that it is not contrary to this Regulation and its provisions.
Competent Jurisdiction In Cases of Disputes
Article 32. The Istanbul Courts shall be competent for settlement of any
disputes, which may arise from the implementation of this Regulation.
Enter Into Force
Article 33. This Regulation shall come into force at the date of its
publication.
Execution
Article 34. The provisions of this Regulation shall be executed by the
Minister of Undersecreterariat for Maritime Affairs.
ANNEX :
MINIMUM CRITERIA REQUIRED FOR ORGANIZATIONS TO BE AUTHORIZED
TO ACT ON BEHALF OF THE ADMINISTRATION AND MAKE SURVEYS AND ISSU
CERTIFICATES.
1. GENERAL REQUIREMENTS
1.1 Authorized Organisation should be capable of documenting their
comprehensive experience concerning the evaluation of ship design and
construction.
1.2 Authorised Organisations should have a fleet composed of at least
5.000.000 Grostons with at least 1000 ships of over 100 Grostons and capable
of ocean going navigation with in their class. The society should be employing
at least 1000 distinguished surveyors for this purpose.
1.3 They should have issued detailed and perfect rules concerning ship
design, construction and the periodic inspection of ships which are
continuously updated and improved according to the results of
research/development and they should be able to document the above.
1.4 A registration book should either be published each year or should be
updated on an easily accessible electronic basis.
1.5 The authorized organisations should not be controlled by ship owners,
ship builders or other commercial organisations that engage in ship
construction, ship repair, ship equipping and ship management. Their income
should not be solely based on ships of one commercial company. Those
organisations which are ship owners or ship operators, and/or which have a
personal or familial relations with the above mentioned cannot act on behalf of
the Administration. The same holds true for surveyors employed by these
organisations.
1.6 Authorised Organisations should act in accordance with the provisions
of the Regulation titled “Regulation On The Selection And Granting
Authorization To Societies Acting On The Flag State” and of the Annex to the
IMO Resolution A.789(19) titled “The Properties of Surveying and Certification
Functions of Societies Carrying Out Surveys and Issuing Certificates on behalf
of the Administration”
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2. SPECIAL REQUIREMENTS
2.1 Authorised Organisations,
a) Shall employ technical, management, support and research personnel
who are able to execute work for ships under their authorisation.
b) Shall employ personnel/surveyors known worldwide or employ other
recognised organisations' personnel/surveyors.
2.2 Authorised Organisations shall have a Code of Ethics
2.3 Authorised Organisations shall be administered in a manner to comply
with the principles of confidentiality in their relations with the Administration
and other organisations.
2.4 Authorised Organisations should be equipped with the facilities to
submit every kind of information requested by the Administration on other
related parties, in due time.
2.5 The management of the authorised organisation should decide on the
quality policy to be implemented by the organisation and should document it,
the authorized organisation should assure the understanding, implementation
and maintenance of this policy at every level of organisation. The quality policy
should comprise targets and indications related to the maritime safety and
prevention of maritime pollution.
2.6 Authorized Organisations should prove that they have an effective inner
quality system in accordance with EN 45004 (ISO17020) and EN 29001 (ISO
9001) related to inspection organisations, by an inspection to be made by the
Turkish Accreditation Institute-TÜRKAK. They should implement and maintain
the above-mentioned system.
Furthermore;
a) The rules of Authorized Organization should be established
systematically and should be updated on a regular basis.
b) The rules of authorized organization should consist of inner auditing
system, to evaluate the implementation quality of the mentioned rules.
c) The authorized organization should have an inner auditing mechanism to
evaluate the quality of the implementation relating to subject to which it is
authorized to make surveys and issue certificates on behalf of the
Administration. The inner auditing mechanism should also control whether the
mentioned activities are carried out in accordance to national regulations and
international conventions.
d) The responsibilities, competencies and relation of the Personnel that
may have an effect on quality should be properly defined and documented.
e) All work must be carried out under controllable condition.
f) The authorized organization must have a control mechanism that will
regularly control the work carried out by employed surveyors and technical and
administrative personnel.
g) Controls related to subjects put under the competency of the authorized
organization should be carried out by the organization’s employed surveyors or
by surveyors employed by other companies authorized by the Administration.
Employed surveyors should have sufficient knowledge on the ship types that
they are surveying and the rules to be applied.
h) The authorized organizations should have a system aimed at increasing
the quality and level of knowledge of surveyors.
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i) The authorized organization should keep records that prove the efficient
functioning of the quality system and the conformity of the services of the
authorized organization with the necessary standards.
j) The authorized organization must have established a planned and written
detailed internal quality auditing system for the activities of all its departments.
k) The surveys and inspections to be carried out by societies in accordance
with the “Harmonized Survey and Certification System” (HSSC), have to be in
compliance with Resolution of the General Assembly of the IMO numbered
A.746(18) titled “Guideline to Harmonized Surveys and Certification”
l) A clear and direct responsibility and control mechanism must be
established between the organisation's headquarters, its regional offices,
survey offices and surveyors and also with other authorised organisations and
their surveyors.
2.7 Authorised organisations,
a) Should establish, enhance and update its own concerning the hull,
machinery, electrical and control equipment in a accordance to national and
international standards, and in a manner so as to implement the SOLAS
Rules, and in a manner so as to arrange the International Load Line Certificate
and the Passenger Ship Safety Equipment Certificate.
b) Shall carry out all inspections and surveys related to certificates to be
issued in accordance with International Conventions with qualified personnel,
and should encompass a structure so as to realize IMO’s Resolution number
A.788(19) titled “International Safety Management Code Implementation
Guidelines” and its Annex International Safety Management System (ISM)
Surveys and Certification.
2.8 The organisation should have been proven its quality system by means
of a document obtained by a renowned organization resident in Turkey. This
organization shall be determined by the Administration.
2.9 The organisation should take into account the recommendation of the
Administration and other national and international organizations when
enhancing its rules.
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