Decreto n.º 16/2007, de 27 de Julho de 2007
Decreto n. 16/2007
de 27 de Julho
As acçóes 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 comuni-dade internacional desenvolveu um conjunto de iniciativas, tendo em vista melhorar a protecçáo (security) do transporte marítimo e sua cadeia logística, de modo a assegurar, a todo o momento, a protecçáo (security) do transporte marítimo na comunidade internacional, dos cidadáos que o utilizam e do ambiente, face a essa nova realidade.
Neste sentido, a Conferência Diplomática da Organizaçáo Marítima Internacional (OMI), realizada em Londres em 12 de Dezembro de 2002, adoptou alteraçóes à Convençáo Internacional para a Salvaguarda da Vida Humana no Mar, 1974 (SOLAS 74), introduzindo um novo capítulo
XI -2 e um Código Internacional para a Protecçáo (security) dos Navios e das Instalaçóes Portuárias (Código ISPS), destinadas a reforçar a protecçáo (security) dos navios utilizados no tráfego internacional e das instalaçóes portuárias conexas.
Foram, ainda, adoptadas nesta Conferência emendas ao capítulo V, «Segurança da navegaçáo», e ao capítulo XI-1, «Medidas especiais para reforçar a segurança marítima», sendo agora necessário aprovar as alteraçóes adoptadas nesta Conferência.
Assim:
Nos termos da alínea c) do n. 1 do artigo 197. da Constituiçáo, o Governo aprova as emendas ao anexo da Convençáo Internacional para a Salvaguarda da Vida Humana no Mar, 1974 (SOLAS 74), adoptadas pela Resoluçáo n. 1 da Conferência de Governos Contratantes à Convençáo Internacional para a Salvaguarda da Vida Humana no Mar, Conferência SOLAS 2002, na versáo autenticada na língua inglesa e respectiva traduçáo 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 - Joáo 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 drydocking 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);
4808 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...
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