INSTRUCTIONS TO PROSPECTIVE CHARTERING SERVICE PROVIDERS FOR FOREIGN YACHTS AND BOATS - ACCOMMODATION SERVICES ON BOARD YACHTS AND BOATS -

Transcription

1 INSTRUCTIONS TO PROSPECTIVE CHARTERING SERVICE PROVIDERS FOR FOREIGN YACHTS AND BOATS - ACCOMMODATION SERVICES ON BOARD YACHTS AND BOATS - Zagreb, March 2014

2 Charter companies prospective accommodation service providers on board foreign vessels in compliance with provisions of the By-law on terms and conditions for manned and/or unmanned vessel chartering and on-board accommodation of guests (Official Gazette no. 99/13) shall be required, in dependence of vessel's flag, to act in accordance with the following instructions: A) EU FLAG Apart from application for user's access to the central data base (Schedule 1) and the data required in compliance with the provision of Art. 9, para 2 of the By-law, and in order to satisfy the respective technical requirements, it is necessary to submit evidence in support of vessel's compliance with the statutory requirements as provided for in respect of Croatian-flagged yachts as the minimum (Yachts and Boats Statutory Certification Rules): 1. FOR YACHTS AND BOATS UP TO 24 METERS LONG: Transcript from Register/Navigation Licence or other equivalent document. In case that any of the following data are missing from the respective document: vessel's name or reg. number, country and port of registry, max number of passengers allowed, vessel's length and owners, it shall be necessary to provide other document(s) in support of the missing data (e.g. Certificate of Compliance); Vessel's Survey Protocol or Report clearly indicating the place, date, scope and outcome of the survey as well as the survey performer, which shall not be older than 12 months. Payment evidence for HRK in respect of boats; HRK in respect of yachts up to 24 m long; payable in favour of bank account no. HR with reference to HR in respect of: Pregled dokumentacije i opreme (Documents and Equipment Survey)... (enter vessel's name or reg. number). 2. FOR YACHTS OVER 24 METERS LONG: Transcript from Register certificate issued by the flag state maritime administration; Vessel's Survey Protocol or Report clearly indicating the place, date, scope and outcome of the survey as well as the survey performer, which shall not be older than 12 months. Payment evidence for HRK in respect of yacht over 24 m long; payable in favour of bank account no. HR with reference to HR in respect of: Pregled dokumentacije i opreme (Documents and Equipment Survey)... (enter vessel's name or reg. number). Class Certificate issued by the classification society recognized by Regulation (EC) no. 391/2009. Statutory certificates: - International Tonnage Certificate (TMC69)) - (International Load Line Certificate, 1966)

3 3. YACHTS OF GROSS TONNAGE EXCEEDING OR EQUALLING 300: In addition to the documents required under item 2: - International Cargo Ship Safety Radio Certificate 4. YACHTS OF GROSS TONNAGE EXCEEDING OR EQUALLING 400: In addition to the documents required under item 3: - International Oil Pollution Prevention Certificate - Engine International Air Pollution Prevention Certificate in respect of each driving or auxiliary engine exceeding 130 kw, whereas yachts used for economic purposes shall be also required the Engine International Air Pollution Prevention Certificate - International Anti-fouling System Certificate - International Sewage Pollution Prevention Certificate required also for yachts of gross tonnage bellow 400 allowed more than 15 persons on board. 5. YACHTS OF GROSS TONNAGE EXCEEDING OR EQUALLING 500: In addition to the documents required under item 3: - International Cargo Ship Safety Construction Certificate - International Cargo Ship Safety Equipment Certificate - Safety Management Certificate - International Ship Security Certificate In the case of yachts allowed more than 12 passengers on board, in compliance with vessel's flag state documents, the limitation to 12 passengers shall be endorsed by the Ministry. Vessels owned by a physical person not engaged in any business activity shall be allowed to perform charter activity exclusively on the basis of charter party. Such charter party shall not be required to be submitted to the Ministry, yet it must be kept available within the charter company business premises. Where reference to relevant statutory provisions is not clearly visible in the submitted statutory certificates, the applicant shall be required by the Ministry to submit any additional information and/or statutory rules required.

4 EXAMINATION OF DOCUMENTS AND EQUIPMENT Once the required documents have been duly submitted, the Ministry shall: 1. Determine whether the documents and the scope of technical survey performed are in correspondence with the requirements provided for in respect of the Croatian-flagged vessel of identical technical particulars, 2. Designate a person authorized to inspect the vessel with a view to determine whether the vessel's equipment is in compliance with Yachts and Boats Statutory Certification Rules, and whether the condition of the equipment as well as its condition relating to vessel's equipment surveys performed, is in compliance with the data provided in the documents submitted. As a rule, such inspection shall be performed not later than prior to the commencement of chartering services from the first Croatian port of departure. The exact place and time of inspection shall be determined with the chartering company. 3. Provided that all the preliminary technical requirements have been duly satisfied, the vessel shall be issued a statement/protocol of technical survey performed in respect of the yacht/boat deployed in business activity for a oneyear period. Where technical survey of a foreign-flagged vessel has not been performed by the vessel's flag state maritime administration or by an organization authorized by such maritime organization, such technical survey may be performed in the Republic of Croatia by: 1. Boats Harbour Master's Office or the respective branch office in charge of the area the vessel is located in; 2. Yachts Croatian Shipping Register as the duly recognized institution.

5 B) THIRD COUNTRY FLAG Chartering activities may also be performed with third country-flagged yachts exceeding 40 meters, provided her coasting navigation licence. Yacht length denotes her length overall, i.e. the distance measured between the fore and aft extreme points of the integral hull measured parallel to the waterline corresponding to vessel's full loaded waterline. Coasting navigation licence shall be issued against application to be entered either by the chartering company or by a shipping agent before the Ministry of Maritime Affairs, Traffic and Infrastructure, supported with: 1. Appropriate documentation as specified under Part A) EU FLAG 2. Payment evidence in respect of administrative duty of HRK in compliance with Tariff No. 38, para 3 of the Administrative Duties Act (Official Gazette No. 8/96, 77/96, 95/97, 131/97, 68/98, 66/99, 145/99, 30/00, 116/00, 163/03, 17/04, 110/04, 141/04, 150/05, 153/05, 129/06, 117/07, 25/08, 60/08, 20/10 i 69/10, 49/11, 126/11, 112/12, 19/13 and 80/13): payable in favour of bank account no. HR , with reference to HR , in respect of: Odobrenje za kabotažu za jahtu (Coasting Navigation Licence for yacht... (yacht's name) Coasting navigation licence is issued for a period not exceeding one year. The 2014 yearly quota is 159 licences. Following the Coating navigation licence, the procedure regarding vessel's equipment survey shall be the same as provided for in respect of EU flagged yachts.

6 SCHEDULE 1 (Applicant's name and surname or denomination) MINISTARSTVO POMORSTVA, PROMETA I INFRASTRUKTURE Zagreb, Prisavlje 14 Fax: , APPLICATION FOR ASSIGNMENT OF USER'S RIGHT OF ACCESS TO CENTRAL DATA BASE FOR REGISTRY OF LISTS OF CREW AND PASSENGERS ON BOARD CHARTER VESSELS In compliance with provisions of the By-law on terms and conditions for manned and/or unmanned vessel chartering and on-board accommodation of guests, we kindly apply for assignment of user's right of access to the central data base along with user's password for access to the application for registry of Crew and Passengers Lists. Chartering Company Legal Seat: Chartering Company Identification number (OIB): Name and surname of the person in charge: Name and surname of the person in charge of safety: address: Telephone: Name and surname of the person(s) in charge of entries: List of yachts (enter names) and/or boats (enter reg. numbers): (Place and date of application) (Applicant's signature/seal) Enclosures: - Valid Navigation Licence, photostat copy (for boats), - Valid Transcript from Register, photostat copy (for yachts)