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ORDINANCE No. 12

ON PORT STATE CONTROL INSPECTIONS

Issued by the Minister of Transport and Communication, published in

State Gazette No. 59 dated 17 June 2003, last amendments – SG No.

26 dated 28 March 2006.

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SECTION I

GENERAL PROVISIONS

Art. 1. (1) This ordinance shall lay down the conditions and order of performing port state control inspections of foreign ships on the territory of the Republic of Bulgaria to establish their compliance with the requirements for safety, safe operation and prevention of pollution to the marine environment.

(2) (Amended – SG 26/2006) Control on the enforcement of par. 1 shall be exercised by the Maritime Administration Executive Agency (MAEA).

Art. 2. (Amended – SG 26/2006) An annual total of port State control inspections corresponding to 25% of average number of individual foreign ships, which entered the Bulgarian ports during the three last calendar years for which statistics are available, shall be achieved.

Art. 3. (1) (Former text of Art.3, Amended - SG 26/2006) When performing inspections pursuant to this ordinance on a ship, entitled to fly the flag of a state, which is not party to the respective convention, the MAEA shall accord such ship and its crew a regime that is in no way less favourable than the regime accorded to crews and ships, flying the flag of a state party to the convention.

(2) (New - SG 26/2006) When a vessel, entitled to fly the flag of a state, which is not party to any international treaty, listed in appendix 10 thereto, and does not possess any certificate, issued on the grounds of these agreements or its respective crew members do not possess valid certificates in conformity with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, (STCW convention) (approved by Decision of the Council of Ministers No.192 dated 22.12.1981., promulgated – SG 31/2005) shall be subject to more detailed inspection and in the cases under Art. 17 – to mandatory expanded inspection.

Art. 4. In performing inspections pursuant to this ordinance the MAEA shall make all efforts to avoid undue delays or detention of ships.

Art. 5. The MAEA Executive Director can also implement other measures with respect to an inspected ship within the Executive Director’s powers under the national legislation.

SECTION II

SCOPE

Art. 6 (Amended – SG 26/2006) (1) Any ship and her crew members shall be subject to inspection under the PSC regime whenever:

1. such ship is calling at a port of the Republic of Bulgaria or is anchored off the port at the adjoining roadsteads and anchorages;

2. such ship is calling at an off-shore platform or another installation anchored to the continental shelf of the Republic of Bulgaria, or anchored off such a platform or installation;

Art. 7. (1) In case of ships of gross tonnage below 500, the Republic of Bulgaria applies the regulations of the respective international agreements, to which Bulgaria is a party.

(2) If the respective international agreement is inapplicable, the MAEA shall take such actions as may be necessary to ensure that the ships concerned are not clearly hazardous to safety, health or the environment.

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Art. 8. Fishing vessels, ships of war, coast guard vessels, wooden ships of a primitive build, government ships used for non-commercial purposes and pleasure craft not engaged in trade shall be excluded from the scope of this Ordinance.

Art. 9. (Revoked - SG 26/2006)

Art. 10. (Revoked - SG 26/2006)

SECTION III

INSPECTORS

Art. 11. (1) Ship inspections according to this Ordinance shall be performed by the Port State Control (PSC) inspectors from the respective MAEA regional directorates in Varna and Bourgas.

(2) (Revoked - SG 26/2006)

Art. 12. (1) (In force until the date of Bulgaria’s joining the EU) Inspectors shall be seafarers, qualified for the purposes of this Ordinance, who:

1. hold a master’s degree in navigation, or shipboard equipment and mechanisms, or shipbuilding, or radio electronics and communications;

2. have at least five years of sailing experience in an operational or managerial position;

3. have at least one-year experience as inspector, performing inspection and certification of compliance with the international agreements, to which the Republic of Bulgaria is a party;

4. have written and spoken knowledge of the English language for the purpose of documenting inspection results and communicating with the master and crew of the inspected ship;

5. have sufficient knowledge and experience for performing inspection and certification of ships in accordance with the national legislation and in compliance with the international agreements, to which the Republic of Bulgaria is a party;

(2) A person may also be appointed inspector if s/he meets the requirements of par. 1, sections 1, 4 and 5, has completed a training course for inspectors and has an experience as flag State inspector of at least 2 years.

(3) Persons may not be appointed inspectors if they:

1. have commercial interest in the port;

2. are employees or contractors of organizations, recognized in accordance with the provisions of the Ordinance stipulated in Art.73, par. 4 of the Merchant Shipping Code.

(4) An inspection shall not be performed by an inspector who has a commercial interest in the inspected ship.

Art. 12a. (New - SG 26/2006, in force since the date of Bulgaria’s joining the EU) (1) The inspectors under Article 11 are persons, who have at least one-year experience as inspector, performing inspection and certification of compliance with the international agreements, to which the Republic of Bulgaria is a party, and who holds:

1. a certificate of competency as per Reg. II/2 or III/3 of the STCW Convention and have at least 5 years sailing experience in an operational or managerial position on the deck or in the engine department, or

2. a diploma in engineering – naval architecture, radio-electronics, or other specialty, connected with the navigation and who have at least five years of experience in this specialty.

(2) A person may also be appointed inspector if s/h has:

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1. a diploma for a respective higher education, and

2. completed a training course for ship’s safety inspectors in a training institution, approved by EAMA, and

3. at least two years of experience as inspector, performing inspection and certification of compliance with the international agreements, to which the Republic of Bulgaria is a party;

(3) the inspectors under Par. 1 and 2 shall have written and spoken knowledge of the English language for the purpose of documenting inspection results and communicating with the master and crew of the inspected ship, as well as the required knowledge of the international agreements (appendix 10 thereto), the national legislation and the procedures and the instructions on the conduct of PSC inspections, approved by the executive director of EAMA.

(4) While conducting a PSC inspection under Par. 1 above, the inspectors may upon his/her discretion include in the inspectors’ team other experts.

(5) Persons may not be appointed inspectors nor may be included as experts if they:

3. have commercial interest in the port and/or in the inspected ship;

4. are employees or contractors of organizations, recognized in accordance with the provisions of Ordinance No. 4/2004 on recognition of organizations for ships and shipowners surveillance (SG 7/2004).

Art. 13. Port State Control inspectors shall identify themselves by means of an identity card, issued in accordance with Art. 370, par. 3 and 4 of the Merchant Shipping Code, which shall certify that the inspector is authorized to perform the inspections under this Ordinance.

SECTION IV

INSPECTIONS

Art. 14. The inspections pursuant to this Ordinance shall be as follows:

1. inspections;

2. more detailed inspections;

3. mandatory expanded inspections.

Art. 14a. (New - SG 26/2006) (1) All ships, which are not liable to mandatory expanded inspection under Art. 17 and whose target factor according the “SIRENAC” information system is higher than 50, if at least one month has elapsed since the date of the last inspection, carried out in a port of a State, whose administration is a member of the Paris MoU on PSC, shall be subject to inspection.

(2) Ships, other than those, specified in Par.1, shall be inspected in the following order:

1. any ship, listed in Appendix 1 thereto, irrespective of her target factor;

2. ships, listed in Appendix 2 thereto, in a consequence according to their overall target factor as indicated in the “SIRENAC” information system.

Art.14b. (New - SG 26/2006) (1) Ships, which have been inspected during the last six months by the competent authority of a State, whose administration is a member of the Paris MoU on PSC, may not be inspected, provided that:

1. the ship is not listed in Art. 14a, and2. no deficiencies have been reported, following a previous inspection, and3. no clear grounds exist for carrying out an inspection.

(2) The ships, listed in Par.1 shall be checked for observance of the operational requirements, provided for in the international agreements, to which Republic of Bulgaria is a party.

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Art. 15. (1) (Amended – SG 26/2006) An inspection is carried out in order to check:

1. (Amended – SG 26/2006) the availability and validity of the certificates and documents, listed in Appendix No.3;

2. the overall condition of the ship, including the engine room and the accommodation, the hygienic, living and working conditions on board, as well as the observation of requirements for prevention of pollution to the marine environment.

(2) The inspection may also include a check of certificates and documents that are not listed in Appendix No. 3, but must be carried on board, according to the international agreements, to which the Republic of Bulgaria is a party.

Art. 16. A more detailed inspection shall be carried out when the inspection stipulated in Art. 15 gives clear grounds for believing that the condition of the ship, or of its equipment, or crew, or living and working conditions on board do not substantially meet the requirements of the international agreements, to which the Republic of Bulgaria is a party.

(2) A more detailed inspection shall also be performed in order to check compliance with the ship’s operational and pollution prevention requirements.

Art. 17. (1) Mandatory expanded inspections shall be performed on:

1. gas and chemical tankers, built over 10 years earlier, according to their ship’s safety certificates;

2. oil tankers of over 3000 gross tons, built over 15 years earlier, according to their ship’s safety certificates;

3. bulk carriers, built over 12 years earlier, according to their ship’s safety certificates;

4. passenger ships, built over 15 years earlier as per their ship’s safety certificates, except for ro-ro ferries and high-speed craft;

(2) The ships stipulated in par. 1 shall be subject to a mandatory expanded inspection only after there have elapsed 12 months since the previous mandatory expanded inspection carried out in the port of a state signatory to the Paris MOU.

(3) (Revoked - SG 26/2006)

(4) The mandatory expanded inspection shall cover a minimum number of elements, as listed in Appendix No. 4, taking into account their practicality and any limitations related to the safety of life, of the ship, of the port or of the activities performed.

(5) An inspection under Art. 15 can be performed in the period between two mandatory expanded inspections.

(6) Provided the master or the owner of a passenger ship agrees, the mandatory expanded inspection of such a ship may continue while the ship is performing a voyage to or from a Bulgarian port. In such cases, the inspectors shall not impede the normal ship operation and shall not provoke situations, which, according to the master’s judgment, can create a risk for the safety of the passengers, or the crew or the ship.

Art. 18. (Amended – SG 26/2006) (1) The ship agent or the master of a ship, stipulated in Art.17, Par.1, which has undergone a more detailed within a period of more than 12 months, shall provide the harbour master of the respective port or the head of division “Ships’ and Shipowners’ Certification and Registration” of the respective Directorate “Maritime Administration” with information as per Appendix No. 5.

(2) The information referred to in Par.1 shall be provided at least three days prior the estimated time of arrival in a Bulgarian port or upon leaving the previous port of call, when the voyage is expected to last less than three days.

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Art. 19. The expanded inspection shall also be performed upon a signal or claim to the MAEA that the living and working conditions on board the ship do not comply with international agreements.

Art. 20. (1) (Amended – SG 26/2006) On completion of an inspection, a more detailed inspection or a mandatory expanded inspection, the inspector shall draft an inspection report, describing in detail the results thereof in accordance with Appendix No. 6 and a copy of it shall be submitted electronically to the information systems of the Paris and the Black Sea MoU’s on PSC.

(2) (Amended – SG 26/2006) A copy of the inspection report shall be submitted to the ship master immediately upon the completion of the inspection.

Art. 21. (1) The inspection report under Art. 20 shall specify the term, set by the inspector, within which any deficiencies confirmed or revealed during the inspection or the more detailed inspection shall be rectified in compliance with the requirements of the international agreements, to which the Republic of Bulgaria is a party.

(2) (Revoked - SG 26/2006)

SECTION V

SHIP DETENTION

Art. 21a. (Amended – SG 26/2006) the harbour master shall delegate by means of an order his/her authority to issue a ship detention order to the inspectors, who exercise PSC in the respective port.

Art. 22 (1) (Amended – SG 26/2006) In the case of deficiencies, described in the inspector’s report and listed in Appendix No. 7, which are clearly hazardous to safety, health or the environment, the respective inspector shall issue a detention order or an order to stop the ship operations, in the course of which the deficiencies have been revealed. The detention order shall be issued irrespective of the length of time the ship is expected to stay in the port.

(2) (Amended – SG 26/2006) In order to be conducted a repeated inspection of a ship, the ship agent shall submit its written request to the respective Directorate “Maritime Administration”, stating that the established deficiencies have been rectified.

(3) (New – SG 26/2006) The request under Par.2 shall be submitted during the working hours of the respective Directorate “Maritime Administration”.

(4) (Previous Par.3, amended – SG 26/2006) Whenever the deficiency which served as grounds for the ship’s detention is the result of accidentally suffered damages during the ship’s voyage to the port, the inspector shall not issue a detention order, provided:

1. the requirements of Regulation I/11 (c) of the International Convention on the Safety of Life at Sea concerning notification of the flag State administration, the appointed surveyor or recognized organization, responsible for the issuing of the respective certificate, have been met;

2. (Amended – SG 26/2006) the ship master or owner have notified in detail the inspector of all circumstances related to the incident, the damages suffered and the information necessary for notifying the flag State administration, before the ship enters the port;

3. the necessary steps have been made to rectify the deficiencies;

4. (Amended – SG 26/2006) the inspector has made sure that the deficiencies clearly hazardous to safety, health or the environment, have been rectified.

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(5) (Previous Par.4, amended – SG 26/2006) The detention order or the order to stop the ship’s operations may not be revoked before the deficiencies have been rectified and the expenses, provided for in Art. 43, have been covered.

Art. 23. (Amended – SG 26/2006) (1) The inspector shall decide whether the established deficiencies warrant detention after checking if:

1. the ship has all the necessary valid documentation;

2. the ship’s manning complies with the safety manning certificate.

(2) In the course of the inspection, the inspector shall also check if the ship and/or its crew are capable of:

1. safely performing the next voyage;

2. safely handling, carrying and monitoring the condition of the cargo during the next voyage;

3. safely operating the engine room during the next voyage;

4. ensuring the continuous movement and steering of the ship’s helm during the planned voyage;

5. successfully fighting fires in any part of the ship, if necessary during the planned voyage;

6. quickly and safely abandoning the ship and performing rescue, if necessary during the planned voyage;

7. preventing pollution to the marine environment during the planned voyage;

8. maintaining adequate stability of the ship during the planned voyage;

9. maintaining adequate watertightness during the planned voyage;

10. making the necessary communication in situations of distress during the planned voyage;

11. ensuring safe and healthy living and working conditions on board during the planned voyage;

12. providing maximum information in the event of an incident.

Art. 24. (1) (Previous Art.24, amended – SG 26/2006) Whenever the overall ship condition does not meet safety requirements, the inspector may suspend the inspection and issue an order to detain the ship until the necessary steps have been made on the part of the responsible persons to bring the ship in conformity with the international agreements, to which the Republic of Bulgaria is a party.

(2) (New – SG 26/2006) The inspector, who has carried out an inspection, resulting in detention of a ship, shall immediately notify in writing the flag administration, whose flag the ship is entitled to fly. A copy of the report shall be attached to the notification.

(3) (New – SG 26/2006) As stipulated in Par.2 above the inspector shall also notify the recognized organization, which has issued the class certificate and the relevant certificate on the behalf of the flag administration whenever the established deficiencies are linked to the RO’s activity.

(4) (New – SG 26/2006) Whenever the inspector cannot notify the respective parties as provided in Par.2 above or in any case when the inspector deems it necessary, s/he shall notify the consular or the nearest diplomatic representative of the flag State.

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Art. 25. (Amended – SG 26/2006) (1) Whenever there is a certificate or document missing on board the ship, which must be available according to the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code, the inspector shall issue a detention order.

(2) Whenever upon the completion of the inspection no other detainable deficiencies are established except for those, stipulated in Par.1, the inspector may revoke the detention order, when needed with view to avoid the port blockage.

(3) Whenever a ship is permitted to proceed in accordance with the conditions of par. 2, the Executive director of EAMA shall not allow this ship to call another Bulgarian port unless proves are given that the ship is supplied with the missing certificates or in case of force majeur.

(4) In the cases, stipulated in Par.2 above, the inspector shall immediately notify the administrations – member of the Paris and Black Sea MoU’s on PSC.

Art. 26. (1) (Amended – SG 26/2006) The inspector shall not allow a ship to sail from port if the latter is not equipped with a voyage data recorder (VDR), when same is mandatory in the cases stipulated in Appendix No. 8.

(2) If the deficiency under par. 1 cannot be rectified within 30 days in the port of detention, the harbour master may allow the ship to proceed to the nearest appropriate port, where the deficiency shall be rectified.

Art. 27. (Amended – SG 26/2006) Whenever the ship has been detained on the grounds of non-compliance with the international requirements for living and working conditions on board, the inspector shall notify in writing the Secretary General of the International Labour Organization.

Art. 28. (1) When the deficiencies under Art. 22, par. 1 cannot be rectified in the port of inspection, the harbour master may authorize the ship to proceed to the nearest appropriate harbour (ship repair yard), chosen by the ship master, in compliance with the conditions set by the flag State administration and co-ordinated with the harbour master of the Bulgarian port. These conditions shall guaranty that the ship may proceed without risk to the safety and health of the passengers or crew, or risk to other ships, or to the marine environment.

(2) (Amended – SG 26/2006) Whenever the deficiencies that require sending the ship to a repair yard are connected with the ship’s hull, the inspector may require the thickness of the ship’s hull measured before allowing the ship to proceed to the determined repair yard.

(3) (Amended – SG 26/2006) In the cases, stipulated in Par. 2 and 3 above the harbour master shall inform in writing about the conditions under which the ship was allowed to proceed:

1. the competent authorities of the state, where the ship repair yard is located;

2. the persons stipulated in Art. 24, par. 2,3 and 4; and

3. the administrations – members of the Paris and Black Sea MoU’s on PSC..

Art. 29. (1) (Amended – SG 26/2006) Whenever a ship proceeds from a Bulgarian port without being allowed to, the harbour master shall immediately notify the competent authorities of the states parties to the Black Sea MOU and the Paris MOU.

(2) (Amended – SG 26/2006) Whenever a ship fails to call at the assigned ship repair yard on the territory of the Republic of Bulgaria, the harbour master shall immediately notify the competent authorities of the states parties to the Black Sea MOU and the Paris MOU.

SECTION VI

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PORT ACCESS DENIAL

Art. 30. (Amended – SG 26/2006) (1) The Executive director of EAMA shall issue an order, denying the ship access to the port, under the following conditions:

1. the ship must be a gas tanker, or a chemical tanker, or a bulk carrier, or an oil tanker or a passenger ship that;

2. is flying the flag of a state, which is on the Black list in the annual publication of the Paris MOU;

3. has been detained more than twice during the past 24 months in the port of a state signatory to the Paris MOU, or is flying the flag of a state.

(2) The Executive director of EAMA shall issue an order, denying the ship access to the port, under the following conditions:

1. the ship must be a gas tanker, or a chemical tanker, or a bulk carrier, or an oil tanker or a passenger ship that;

2. is flying the flag of a state, which qualifies as ‘high-risk’ or ‘very high-risk’ on the Black list in the annual publication of the Paris MOU; and

3. has been detained more than once in the past 36 months in the port of a state signatory to the Paris MOU.

Art. 31. (1) (Amended – SG 26/2006) (1) Whenever a ship, under the conditions, stipulated in Art.30, is not allowed to proceed from a Bulgarian port for a second or a third time, the harbour master shall issue an access denial order for this port and a copy thereof shall be send to the shipowner.

(2) (Amended – SG 26/2006) The access denial order shall become effective as of the moment when the ship is allowed to proceed from the port, after it has rectified the deficiencies that served as grounds for its detention.

(3) (To become effective on 1 January 2007, except for the part concerning the ‘flag State administration’ and the ‘interested recognized organization’) The MAEA Executive Director shall also notify the flag State administration, the interested recognized organization, the other EU member-states, the European Commission, the administrative centre on maritime issues and the Secretariat of the Paris MOU about the issued access denial order.

Art. 32. (Amended – SG 26/2006) The Executive director of EAMA shall deny access to the port to a ship:

1. which has been issued a port access denial order by an administration – member of the Paris MoU on PSC;

2. in the cases pursuant to Art. 28, par. 1, when the ship master has failed to observe the orders of the competent authorities of the state where the detention took place or, in breach of the applicable international agreements has failed to visit the assigned ship repair yard and the shipowner fails to present evidence that all requirements of the competent authorities in the state where the detention took place concerning the ship’s compliance with applicable requirements of the international agreements have been met.

Art. 33. (Amended – SG 26/2006) In the event of a force majeur or in order to diminish the risk of pollution, the Executive director of EAMA may allow a ship to enter port if the shipowner or the ship master has undertaken adequate measures to meet safety requirements.

Art. 34. (1) (Amended – SG 26/2006) The port access denial order can be revoked by the Executive director of EAMA after completion of a mandatory expanded inspection on the shipowner’s request.

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(2) (Amended – SG 26/2006) The request stipulated in Par. 1 shall be sent together with a certification from the flag State administration that the ship is fully compliant to the applicable provisions of the international agreements. Respectively, the request for revoking the port access denial order shall be accompanied by certification from the recognized organization, which issued the class certificate, stating that the ship is fully compliant with class standards, as established by the recognized organization.

(3) (Amended – SG 26/2006) The port access denial order shall only be revoked upon the completion of the mandatory expanded inspection, which has verified that the ship is fully compliant to the applicable provisions of the international agreements.

Art. 35. (Amended – SG 26/2006) The mandatory expanded inspection under Art. 34, Par.3 shall be performed:

1. in a Bulgarian port approved by the Executive director of EAMA or by person, authorized by him/her;

2. in a port, agreed by the Executive director of EAMA Executive director of EAMA and the master of the ship, for which an access denial order to Bulgarian ports has been if the administration – member of the Paris MoU on PSC, under whose authority the port is, order approves so.

Art. 36. (1) (Amended – SG 26/2006) If the expanded inspection reveals that the ship complies with the international agreements, the Executive director of EAMA shall revoke the port access denial order.

(2) (Amended – SG 26/2006) The Executive director of EAMA shall notify one’s decision in writing to:

1. the shipowner;

2. (Effective as of 1 January 2007, except for the part concerning the ‘flag State administration’ and the ‘interested recognized organization’) the flag State administration, the interested recognized organization, the other EU member-states, the European Commission, the administrative centre on maritime issues and the Secretariat of the Paris MOU.

(3) (Effective as of 1 January 2007 Amended – SG 26/2006) Information about the ship which has been denied access to a port shall be sent to the SIRENAC information system and shall be published in accordance with Art. 38.

SECTION VII

INFORMATION PROVISION

Art. 37. (1) (Amended – SG 26/2006) Whenever, for practical reasons, it is impossible to carry out an inspection of a ship in accordance with Art. 14a, Par. 1 or a mandatory expanded inspection in accordance with Art. 17 and the ship’s target factor is greater than 7, and more than 12 months have passed since the ship’s latest expanded inspection, the inspector, who exercises PSC, shall immediately notify the SIRENAC information system that such inspection did not take place.

(2) (Effective as of 1 January 2007 Amended – SG 26/2006) Every 6 months the MAEA Executive Director shall notify the European Commission about the cases under par. 1 and about the reasons why the inspections did not take place.

(3) The number of ships that were not inspected for practical reasons shall not exceed 5 per cent per year of the average annual number of ships liable to inspection according to par. 1, for the last 3 years for which there are statistics available.

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(4) A ship pursuant to par. 1, which for practical reasons was not inspected in a foreign port and calls at a Bulgarian port, shall undergo the respective inspection.

Art. 38. (1) The MAEA Executive director shall publish monthly information on the agency’s web site concerning the detentions made by the port State control, including about the ships that were detained more than once in the past 24 months.

(2) The published information shall contain the data listed in Appendix No. 9.

Art 39. The MAEA Executive Director shall co-operate and exchange information with the competent authorities of the states signatories to the Black Sea MOU and the Paris MOU.

Art. 40. (Amended – SG 26/2006) All state authorities and commercial entities shall immediately notify the harbour master of any established deficiencies that can create a risk to the safe operation of the ship or the marine environment and shall co-operate with the port State control authorities.

Art. 40a. (New – SG 26/2006, in force as of the date of Bulgaria’s joining the EU) (1) The MAEA Executive Director shall annually inform the The MAEA Executive Director shall:

1. number of inspectors, exercising PSC at national level in any port;

2. the total number of ships, which have visited the ports of the Republic of Bulgaria;

Art. 40b. (New – SG 26/2006 in force as of the date of Bulgaria’s joining the EU) The MAEA Executive Director shall every 6 months inform the The MAEA Executive Director about the ships, calling Bulgarian ports, their IMO number and arrival date, except for the regular ferry lines, and the percentage of the inspected individual ships.

SECTION VIII

APPEALS AND COSTS

Art. 41. (Amended – SG 26/2006) The detention order or the port access denial order can be appealed under the Administrative Procedural Act.

Art. 42. (1) (Amended – SG 26/2006) Whenever a ship has been unrightfully detained or delayed, the shipowner shall be entitled to indemnification for all suffered losses.

(2) The burden of proving the suffered losses shall be born by the shipowner.

Art. 43. (1) (Amended – SG 26/2006) Whenever the ship inspection finds deficiencies that warrant detention, all usual costs related to such inspection shall be born by the shipowner.

(2) All costs connected with the inspection under Art. 32, section 2 shall be charged to the shipowner.

(3) (Amended – SG 26/2006) All costs related to the detention of the ship for deficiencies or for missing valid certificates shall be covered by the shipowner.

ADDITIONAL PROVISION

§ 1. Within the meaning of this ordinance:

1. “The SIRENAC information system” shall mean an information system, regulated by the Paris MOU, whose purpose it is to feed in, store, process and provide information related to the performed port State control inspections.

1a. (New – SG 26/2006) “Ship” means any seagoing ship, to which one or more conventions as listed in Appendix 10 thereto are applicable and does not fly the Bulgarian flag;

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1.b (New – SG 26/2006) “Individual ship” means any ship, which in a given calendar year calls for a first time a Bulgarian port.

2. “Clear grounds” shall exist in the case of:

a) ships, not listed in Appendix No. 1 and Appendix No.2, items 3, 4, 5(b), 5 (c), 8 and 11;

b) incorrect keeping of the oil record book;

c) deficiencies established when checking the certificates and the other documentation;

d) (Amended – SG 26/2006) indications that the crew members are unable to comply with the competence requirements of seafarers in the Republic of Bulgaria, in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, (STCW convention);

e) (Amended – SG 26/2006) evidence that the cargo or other operations are not conducted in a safe way or in accordance with the guidelines of the International Maritime Organizations;

f) failure of an oil tanker’s master to produce the record of the oil discharge monitoring and control system for the last ballast voyage;

g) absence of an up-to-date muster list, or crew members no aware of their duties in the event of fire or an order to abandon ship;

h) giving of false distress signals, not followed by the appropriate cancellation procedures;

i) lack of basic equipment or facilities, required by the international agreements or failure of such equipment or facilities;

j) over unhygienic conditions on board;

k) considerable wearing or non-compliance of the ship’s hull or construction, which in the inspector’s judgment may create hazards to the ship’s structural integrity, water tightness or weatherproof capabilities;

l) information or indications that the ship’s master or crew are not familiar with the performance of the main operations on board the ship related to safety and pollution prevention or that such operations have not been carried out;

m) other similar cases.

3. “Clearly hazardous” shall refer to a circumstance that unambiguously creates hazards to safety, life, health or the marine environment.

4. “Voyage data record system” shall mean equipment installed on board to continuously monitor, register and store certain indices of the ship’s movement during a voyage.

5. “Adequate measures” shall mean timely, appropriate and sufficient measures, undertaken in order to achieve compliance with safety requirements.

6. “Off-shore platform” shall mean a floating or fixed platform, operating on or over the continental shelf.

7. “Overall target factor” shall be the sum of the values of the applicable target factor, according to the Paris MOU.

8. “Shipowner” shall mean a person who operates the ship in one’s own name, irrespective whether such person is the owner of the ship or is using the ship on different legal grounds.

9. “Commercial interest in the port” shall exist when the person performs at one’s own expense or for fee transportation of cargo or passengers with ships, repairs of or supplies to ships.

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10. “Commercial interest in the inspected ship” shall exist when the person provides at one’s own expense or for fee services, repairs or supplies to the inspected ship.

11. (New – SG 26/2006) “Ship Detention” means written order, issued to a ship, not allowing the latter to proceed because of established deficiencies, which separately or all together make the ship non-seagoing;

12. (New – SG 26/2006) “Suspension of ship operations” means a written order, issued to a ship, which does not allow the latter to continue the ship operations due to established deficiencies, which separately or all together make the continuation of such operations dangerous;

TRANSITIONAL AND FINAL PROVISIONS

# 2. (Revoked – SG, 26/2006)

# 3. In Ordinance No.7 from 2001 on the on the order of visiting, manoeuvring and stay of ships in the ports and roadsteads for loading and unloading, boarding and disembarking of crew, passengers and other persons and ship- shore communication (SG 55/2001), Art. 4 is revoked;

# 4. (Amended – SG 26/2006) The provisions of Art. 12a, Art.37, Par.2, Art.40a and 40b shall enter into force on the dated of Bulgaria’s joining the EU. The provisions of Art.12 shall be in force until the dated of Bulgaria’s joining the EU

# 5. the provisions of Art.31, Psr.3, and Art.36, Par.2, section 2 shall enter into force on 1 st

January 2007, except for the part referring to “flag administration” and “interested recognized organization”.

# 6. The Ordinance is issued on the grounds of Art. 73, Par.3 of the Merchant Shipping Code.

Ordinance on amendment of Ordinance No.12 dated 2003 on Port State Control Inspections(SG 26/2006)

……………………………….

# 51. All over the whole text of the Ordinance the word “certificate” shall be replaced by “svidetelstvo” (a.n. with the Bulgarian word for certificate) and respectively “required certificate” by “required svidetelstvo”, and “issued certificate” by “issued svidetelstvo”.

# 52. All over the whole text of the Ordinance the text “port of a state, party to the Paris MoU on PSC” shall be replaced by “port of a state, whose administration is party to the Paris MoU on PSC”, the words “the competent authorities of the states, parties to the Black Sea MoU on PSC and the Paris MoU on PSC” shall be replaced by the words “the administrations, members of the Paris and Black Sea MoU’s on PSC, the words “member-states of Paris MoU” shall be replaced by “the administrations – members of the Paris MoU on PSC”.

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Appendix No. 1 to Art. 14a, par.2, section 2

(Amended – SG – 26/2006)

SHIPS SUBJECT TO INSPECTION IRRESPECTIVE OF THEIR TARGET FACTOR

1. Ships with deficiencies reported by state authorities or commercial entities that can create hazards to the safety of shipping or handling.

2. Ships that do not comply with the requirements of Ordinance No. 7 of 201 on the order of ship calls, manoeuvres and stay at ports and roadstead for cargo handling, embarkation and disembarkation of the crew, passengers or other persons and ship-to-shore communications (State Gazette, issue 55, 2001).

3. Ships that have been subject to a report or notification from an EU member-state.

4. Ships for which there has been received an appeal from the master, crew member or another person or organization, interested in the ship’s safety, concerning the living and working conditions on board or pollution prevention, except when such an appeal is obviously unreasonable. The identity of the person who made the appeal shall not be revealed to the master or shipowner, against whom it was raised.

5. Ships:

- that have undergone a collision or stranding on their way to the port;

- for which there are indications that they have breached the rules for discharge of noxious substances or sewage;

- that have performed manoeuvres in a hazardous way, in breach of IMO regulations, or have failed to observe the practices and procedures for safety of shipping and have thus created a threat to life, property or the environment.

6. Ships, whose class was temporarily or fully withdrawn in the past six months for safety reasons.

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Appendix No. 2 Art. 14a, par.2, section 2

(Amended – SG – 26/2006)

CRITERIA FOR DETERMINATION OF THE TARGET FACTOR

1. Ships, calling at a Bulgarian port for the first time or after a period of 12 months or more.

The inspections carried out by states signatories to the Paris MOU shall be taken into consideration when applying these criteria. Should information be insufficient or inappropriate, the available information in the SIRENAC system shall be used instead and inspections shall be performed on ships that are not registered in the SIRENAC system.

2. Ships that have not been inspected by an EU member-state in the past 6 months.

3. Ships, whose statutory equipment and construction documents (certificates) and class certificate have been issued by organizations that have not been recognized in accordance with the ordinance under Art. 73, par. 4 of the Merchant Shipping Code.

4. Ships, flying the flag of a state, which is on the Black List of the Paris MOU annual report.

5. Ships that have been allowed to proceed from the port of a member-state under certain conditions, such as:

a) deficiencies that need to be rectified before departure;

b) deficiencies that have to be rectified in the next port of call;

c) deficiencies that have to be rectified within 14 days;

d) deficiencies for which other conditions have been formulated.

6. Ships that demonstrated deficiencies during previous inspections.

7. (Amended – SG 26/2006)Ships that were not allowed to proceed from the previous port.

8. Ships that fly the flag of a state, which has not ratified all relevant international agreements.

9. Ships that have been classed with above average deficiency coefficient.

10. Ships of the categories, stated in Art. 17, par. 1, sections 1-4.

11. Ships that are over 13 years of age.

Sections 5, 6 and 7 shall only apply to inspections, performed in the past 12 months. The overall factor shall not exceed the sum of the values given to sections 3, 4, 8, 9, 10 and 11.

For the purposes of Art. 37, par. 1 the overall target factor shall be determined without taking into account section 10.

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Appendix No. 3 to Art. 15, par. 1, section 1

(Amended – SG 26/2006)

LIST OF SHIP’S DOCUMENTS AND CERTIFICATES SUBJECT TO INSPECTION

1. International Tonnage Certificate (1969).

2. Passenger Ship Safety Certificate.

- Cargo Ship Safety Construction Certificate.

- Cargo Ship Safety Equipment Certificate.

- Cargo Ship Safety Radio Certificate.

- Exemption Certificate.

- Cargo Ship Safety Certificate.

3. International Certificate of Fitness for Carriage of Liquefied Gases in Bulk.

4. International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.

5. International Oil Pollution Prevention Certificate.

6. International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.

7. International Load Line Certificate (1966).

- International Load Line Exemption Certificate.

8. Oil record book, parts I and II.

9. Cargo record book.

10. Minimum Safe Manning Document.

- Certificates of Competency.

11. Medical certificates.

12. Stability information.

13. Copy of document of Compliance and Certificate issued in accordance with the International Management Code for the Safe Operation of Ships and for Pollution Prevention.

14. Certificates as to the ship’s hull strength and machinery installations issued by the classification society in question (only to be required if the ship maintains its class with a classification society).

15. Document of Compliance with the Special Requirements of Ships, Carrying Dangerous Goods.

16. High-Speed Craft Safety Certificate and High-Speed Craft operation Permit.

17. Special List or Manifesto of Dangerous Cargo or Detailed Cargo Plan.

18. Ship log records of performed drills and musters and of safety appliances checks and maintenance.

19. Special craft safety certificate.

20. Floating off-shore rig safety certificate.

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21. For oil tankers, the record of the oil discharge monitoring and control system for the last ballast voyage.

22. Muster list, fire-fighting plan, and for passenger ships, the damage control plan;

23. Emergency plan for oil pollution on board the ship.

24. Inspection report files (for bulk carriers and oil tankers).

25. Reports from previous PSC inspections.

26. For ro-ro passenger vessels, information about the maximum A/A ratio.

27. Grain Loading Certificate.

28. Cargo Securing Manual.

29. (New – SG 26/2006) Hard waste management plan and plan for record of hard waste.

30. (New – SG 26/2006) Passenger ship’s master aid system on decision taking in distress.

31. (New – SG 26/2006) SAR coordination plan for passenger ships, operating specific line.

32. (New – SG 26/2006) Information for specifying stability, loading and discharging of bulk carriers.

33. (New – SG 26/2006) Loading and discharging plans for bulk carriers.

34. (New – SG 26/2006) Certificate for availability of insurance or other financial guarantee, covering the civil liability for damages, caused by oil pollution.

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Appendix no. 4 to Art. 17, par. 4

ELEMENTS OF THE MANDATORY EXPANDED INSPECTION

1. Ships in general:

- Black-out and start of emergency generator,

- Inspection of emergency lighting,

- Operation of emergency fire-pump with two firehoses connected to the fire main-line,

- Operation of bilge pumps,

- Closing of watertight doors,

- Lowering of one seaside lifeboat to the water,

- Test of remote emergency stop for e.g. boilers, ventilation and fuel pumps,

- Testing of steering gear including auxiliary steering gear,

- Inspection of emergency source of power to radio installations,

- Inspection and, to the extent possible, test of engine-room separator.

2. Gas and chemical tankers:

In addition to the items listed under section 1, the following items shall also be included in the expanded inspection for gas and chemical tankers:

- Cargo tank monitoring and safety devices relating to temperature, pressure and ullage,

- Oxygen analysing and explosimeter devices, including their calibration.

Availability of chemical detection equipment (bellows) with an appropriate number of suitable gas detection tubes for the specific cargo being carried,

- Cabin escape sets giving suitable respiratory and eye protection, for every person on board (if required by the products listed on the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk as applicable),

- Check that the product being carried is listed in the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk as applicable,

- The fixed fire-fighting installations on deck whether they be foam or dry chemical or other as required by the product carried.

3. Bulk carriers:

In addition to the items listed under section 1, the following items shall also be considered as part of the expanded inspection for bulk carriers:

- Possible corrosion of deck machinery foundations,

- Possible deformation and/or corrosion of hatch covers,

- Possible cracks or local corrosion in transverse bulkheads,

- Access to cargo holds,

- Check if the following documents are available on board, inspection and verification to make sure that they have been certified by the flag State administration or the recognized organization:

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(tm) construction inspection reports

(tm) condition assessment reports

(tm) skin thickness measurements reports

(tm) description according to IMO Resolution A.744 (18).

4. Oil tankers:

In addition to the items listed in section 1, the following items shall also be considered as part of the expanded inspection for oil tankers:

- Fixed-deck foam system;

-Fire-fighting equipment in general;

- Inspection of fire dampers to engine room, pump room and accommodation;

- Control of pressure of inert gas and oxygen content thereof;

- Ballast tanks: at least of the ballast tanks in the cargo area shall be inspected through its opening or via access from the deck, or if the inspector finds grounds for a more detailed inspection, by entering the tank;

- Inspection whether the following documents are available on board, verification that they have been certified by the flag State administration or by the classification society:

(tm) construction inspection reports

(tm) condition assessment reports

(tm) skin thickness measurements reports

(tm) description according to IMO Resolution A.744 (18).

Passenger ships, except for ro-ro ferries and high-speed passenger craft:

In addition to the items listed in section 1, the following items shall also be considered as part of the expanded inspection for passenger ships:

- Testing of fire detection and alarm system;

- Testing of proper closing of fire doors;

- Test of public address system;

- Fire drill where, as a minimum, all sets of fireman’s outfits must be demonstrated and part of the catering crew take part;

- Demonstration that key crew members are acquainted with the damage control plan.

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Appendix No. 5 to Art. 18, par. 1


INFORMATION TO BE NOTIFIED TO THE COMPETENT AUTHORITY

1. Name

2. Flag

3. (Amended – SG 26/2006) IMO identification number

4. Deadweight

5. Date of build, according to the ship’s safety certificates

6. For tankers:

6.1. configuration: single hull, single hull with segregated ballast tanks, double hull.

6.2. status of cargo and ballast tanks: full, empty, inerted.

6.3. cargo volume and type.

7. Estimated time of arrival at the port of destination or the pilot point, according to the requirements of the competent authorities.

8. Planned duration of stay in the port.

9. Planned operations at the port of destination (cargo handling, others).

10. Planned inspections and essential repairs during the stay in the port of destination.

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CONTENTS OF THE PORT STATE CONTROL INSPECTION REPORT

I. General information:

1. name of the inspector, writing the report;

2. date and place of inspection;

3. name of inspected ship;

4. flag of inspected ship;

5. type of ship;

6. IMO number;

7. call signs;

8. gross tonnage;

9. deadweight (if applicable);

10. year of build, according to the ship’s safety certificates;

11. classification society/societies that issued the class certificate to the ship, if any;

12. classification society/societies and/or any other authority or organization that issued statutory documents to the ship on behalf of the flag State administration;

13. name and address of shipowner;

14. name and address of bareboat charterer, responsible for the selection of the ship, the type of charter, for ships, carrying liquefied or solid cargo in bulk;

15. date of finalizing the inspection report;

16. (Amended – SG 26/2006) notice that more detailed information about the inspection or detention can be made public.

II. Information about the inspection:

1. Statutory certificates, issuing organizations or authority, date of issue and validity;

2. Ship parts or elements inspected (in the event of a more detailed or expanded inspection);

3. Type of inspection (inspection, more detailed inspection, mandatory expanded inspection);

4. deficiencies;

5. corrective measures.

III. Additional information in case of detention:

1. (Amended – SG 26/2006) date of issue of the detention order;

2. (Amended – SG 26/2006) date of revoking the detention order;

3. (Amended – SG 26/2006) deficiencies that warranted the issue of the detention order (with reference to the conventions, if necessary);

4. information about the last intermediate or annual inspection;

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5. (Amended – SG 26/2006) note whether the classification society is responsible for the deficiencies that warranted the detention;

6. corrective measures.



LIST OF DEFICIENCIES, ACCORDING TO CONVENTIONS, WHICH ARE CONSIDERED SERIOUS ENOUGH TO WARRANT DETENTION OF THE

INSPECTED SHIP (THE LIST IS NOT EXHAUSTIVE)

(the title is amended – SG 26/2006)

1.1. (Amended – SG 26/2006) General

The lack of valid certificates as required by the relevant instruments. However, ships flying the flag of States not party to a Convention (relevant instrument) or not having implemented another relevant instrument are not entitled to carry the certificates provided for by the Convention or other relevant instrument. Therefore, absence of the required certificates should not by itself constitute reason to detain these ships; however, in applying the 'no more favourable treatment' clause, substantial compliance with the provisions is required before the ship sails.

1.2. Areas under the Solas Convention (References are given in brackets)

1. Failure of the proper operation of propulsion and other essential machinery, as well as electrical installations.

2. Insufficient cleanliness of engine room, excess amount of oily-water mixtures in bilges, insulation of piping including exhaust pipes in engine room contaminated by oil, improper operation of bilge pumping arrangements.

3. Failure of the proper operation of emergency generator, lighting, batteries and switches.

4. Failure of the proper operation of the main and auxiliary steering gear.

5. Absence, insufficient capacity or serious deterioration of personal life-saving appliances, survival craft and launching arrangements.

6. Absence, non-compliance or substantial deterioration of fire detection system, fire alarms, fire fighting equipment, fixed fire-extinguishing installation, ventilation valves, fire dampers, quick-closing devices to the extent that they cannot comply with their intended use.

7. Absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on tankers.

8. Absence, non-compliance or serious deterioration of lights, shapes or sound signals.

9. Absence or failure of the proper operation of the radio equipment for distress and safety communication.10. Absence or failure of the proper operation of navigation equipment, taking the provisions of Solas Regulation V/12(o) into account.

11. Absence of corrected navigational charts, and/or all other relevant nautical publications necessary for the intended voyage, taking into account that electronic charts may be used as a substitute for the charts.

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12. Absence of non-sparking exhaust ventilation for cargo pump rooms (Solas Regulation II-2/59.3.1).

13. Serious non-compliance with the operational requirements, outlined in Chapter 5.5. of Annex I to the Paris MOU.

14. The crew number, composition and certificates not compliant with the Ship’s Safety Manning Certificate.

15. Inability to perform the expanded inspection programme as per Solas Regulation XI/2.

16. Absence or failure of the voyage data record system, where the use of such system is mandatory.

1.3. Areas under the IBC Code (References are given in brackets)

1. Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information (16.2).

2. Missing or damaged high-pressure safety devices (8.2.3).

3. Electrical installations not intrinsically safe or not corresponding to code requirements (10.2.3).4. Sources of ignition in hazardous locations referred to in 10.2 (11.3.15).

5. Contraventions of special requirements (15).

6. Exceeding of maximum allowable cargo quality per tank (16.1).

7. Insufficient heat protection for sensitive products (16.6).

1.4. Areas under the IGC Code (References are given in brackets)

1. Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information (18.1).

2. Missing closing devices for accommodations or service spaces (3.2.6).

3. Bulkhead not gastight (3.3.2).

4. Defective air locks (3.6).

5. Missing or defective quick-closing valves (5.6).

6. Missing or defective safety valves (8.2).

7. Electrical installations not intrinsically safe or not corresponding to code requirements (10.2.4).8. Ventilators in cargo area not operable (12.1).

9. Pressure alarms for cargo tanks not operable (13.4.1).

10. Gas detection plant and/or toxic gas detection plant defective (13.6).

11. Transport of substances to be inhibited without valid inhibitor certificate (17/19).

1.5. Areas under the Load Lines Convention

1. Significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting seaworthiness or strength to take local loads, unless proper temporary repairs for a voyage to a port for permanent repairs have been carried out.

2. A recognized case of insufficient stability.

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3. The absence of sufficient and reliable information, in an approved form, which by rapid and simple means, enables the master to arrange for the loading and ballasting of his ship in such a way that a safe margin of stability is maintained at all stages and at varying conditions of the voyage, and that the creation of any unacceptable stresses in the ship's structure are avoided.4. Absence, substantial deterioration or defective closing devices, hatch closing arrangements and watertight doors.

5. Overloading.

6. Absence of draft mark or draft mark impossible to read.

1.6. Areas under the Marpol Convention, Annex I (References are given in brackets)

1. Absence, serious deterioration or failure of proper operation of the oily-water filtering equipment, the oil discharge monitoring and control system or the 15 ppm alarm arrangements.

2. Remaining capacity of slop and/or sludge tank insufficient for the intended voyage.

3. Oil Record Book not available (20 (5)).

4. Unauthorized discharge bypass fitted.

5. Absence of a file with inspection reports or file not compliant with Marpol Convention Regulation 13G(3) (b).

1.7. Areas under the Marpol Convention, Annex II (References are given in brackets)

1. Absence of the P& A Manual.

2. Cargo is not categorized (3 (4)).

3. No cargo record book available.

4. Transport of oil-like substances without satisfying the requirements or without an appropriately amended certificate (14).

5. Unauthorized discharge bypass fitted.

1.8. Areas under the STCW Convention

1. Crew member does not hold the required certificate or does not hold a valid and duly issued certificate or does not hold a valid exemption certificate or cannot produce documentary evidence that s/he has submitted an application for the issue of an endorsement to the flag State administration.

2. Non-conformity to the applicable requirements for safety manning, as determined by the flag State administration.

3. Non compliance of the navigational or engine room watchkeeping with the requirements specified by the flag State administration for the ship.

4. Absence of a sufficiently qualified person on the watchkeeting list for operation with the equipment, which is essential for safe navigation, radio communications, safety or marine pollution prevention.

5. Failure to produce evidence of the availability of professional qualification for executing the responsibilities, assigned to the crew members with respect to ship safety and pollution prevention.

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6. Failure to ensure the availability of rested and in all other ways fit crew members for participation in the first and following watches.

The deficiencies, warranting detention of the ship under item 1.8 (STCW Convention, 78) constitute sufficient grounds for detaining the ship in accordance with this convention.

1.9. Areas under the ILO Conventions

1. Insufficient food for voyage to next port.

2. Insufficient potable water for voyage to next port.

3. Excessively unsanitary conditions on board.

4. No heating in accommodation of a ship operating in areas where temperatures may be excessively low.

5. Excessive garbage, blockage by equipment or cargo or otherwise unsafe conditions in passageways/accommodations.

1.10. Areas which may not warrant a detention, but where e.g. cargo operations have to be suspended.Failure of the proper operation (or maintenance) of inert gas system, cargo-related gear or machinery are considered sufficient grounds for stopping cargo operation.

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REQUIREMENTS OF THE SHIP’S VOYAGE DATA RECORD SYSTEM

I. Upon arrival at the Bulgarian port, the listed ships shall be equipped with a voyage data record system (VDR), which shall comply with IMO Resolution A.861 (20) and IEC Standard No. 61996:

1. passenger ships, built on or after 1 July 2002;

2. ro-ro passenger ships, built prior to 1 July 2002, not later than their first inspection on or after 1 July 2002;

3. passenger ships that are not ro-ro ships and were built prior to 1 July 2002, not later than 1 January 2004;

4. other ships of a tonnage equalling or exceeding 3000 GT, built on or after 1 July 2002;

II. Upon arrival at the Bulgarian port, the listed ships, built prior to 1 July 2002, shall be equipped with a voyage data record system (VDR), which shall comply with IMO requirements:

1. cargo ships of a tonnage equalling or exceeding 20 000 GT, not later than the date set by the IMO or if there is no such date, not later than 1 January 2007;

2. cargo ships of a tonnage, equal to or exceeding 3000 GT; however, not bigger than 20 000 GT, not later than the date set by the IMO or if there is no such date, not later than 1 January 2008.

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Appendix No. 9 to Art. 38.

CONTENTS OF THE INFORMATION RELATED TO DETENTIONS AND INSPECTIONS IN BULGARIAN PORTS

1. Name of ship.

2. IMO number.

3. Type of ship.

4. Gross tonnage.

5. Year of build based on the ship’s safety certificates.

6. Name and address of shipowner.

7. Name and address of the bareboat charterer, responsible for the ship’s selection and the type of charter, for ships, carrying liquefied or solid cargo in bulk.

8. Flag State Administration of the ship.

9. Classification society/societies that issued the ship’s class certificate, if any.

10. Classification society/societies and/or any other authority or organization that issued statutory certificates to the ship on behalf of the flag State administration, certificates to be specified.

11. Port and date of last expanded inspection, stating, if applicable, whether the ship was detained.

12. Port and date of last special inspection and name of the recognized organization that performed it.

13. Number of detentions in the past 24 months.

14. State and port of detention.

15. Date of revoking the detention order.

16. Detention duration (in days).

17. Number of deficiencies found and reasons for the detention (in clear and precise terms).

18. Description of the measures undertaken by the competent authority and where applicable by the classification society as a consequence of the detention.

19. Reasons for refusing access to a Bulgarian port, if any (in clear and precise terms).

20. Note where applicable whether a classification society or another organization that performed the inspection bears any responsibility for the deficiencies that caused the detention.

21. Description of the measures taken in the event that a ship is allowed to proceed to the nearest appropriate port (ship repair yard) or is refused access to a Bulgarian port.

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Appendix No.10 to Art. 3, Par. 3

(New – SG 26/2006)

In the context of this Ordinance “conventions” are:

1. International Convention on Load Lines, 1966 (LOAD LINES - 66)

2. International Convention for the Safety of Life at Sea (SOLAS), 1974

3. International Convention for the Safety of Life at Sea as modified by 1988 Protocol (SOLAS),

4. International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78) and by the Protocol of 1997

5. Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG 72)

6. International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 69)

7. 147 Convention Concerning Minimum Standards in Merchant Ships, 1976

8. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (1978 STCW as amended)

9. International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC 92)

10. The protocols and the amendments to the conventions under 1 – 9, which are in force for the Republic of Bulgaria.

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Appendix No.11 to Art. 40a

(New – SG 26/2006)Port Number of inspectors,

exercising PSCNumber of inspectors, additionally involved in the conduct of PSC

Percentage ratio between the inspectors in column 2 and 3 with regard to inspection time period

1 2 3 4

Port ..

Port ..

Total

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