Central Safety Commission
The competent maritime authority of each member state sets up a central safety commission made up of maritime experts.
The competent maritime authority shall refer to this commission any application for authorization to purchase a foreign ship, or to build, refit or convert a ship.
It issues an opinion based on plans and documents submitted by the shipowner concerned to the competent maritime authority. It assesses whether the vessel in question meets the safety conditions required by the Code.
The Central Safety Commission is also empowered to approve any safety device or apparatus. The following are exempt from this examination:
- Applications for the construction or purchase of vessels with a gross tonnage of less than twenty-five;
- Vessels with a first rating from an approved classification society.
Each member state determines:
- The composition of the central commission;
- The list of approved classification societies;
Port safety inspection committees
A Safety Inspection Commission is set up in each port. This Commission carries out visits on ships flying the national flag and issues an opinion on the issuance or renewal of these ships’ safety certificates.
In each Member State, the competent maritime authority specifies the ports where the commission for security visit functions and appoints its members. The Chairman of the Commission is, by right, the local representative of the competent maritime authority. Private experts may be appointed to sit on Safety Inspection Commissions, provided they have no interest in the fitting out of the ships surveyed.
Private experts may be appointed to sit on Safety Inspection Commissions, provided they have no provided that they have no interest in the fitting out of the ships surveyed.
Members of the Safety Inspection Commissions and the Central Commission receive remuneration and travel expenses.
Safety inspections
Vessels are subject to the following surveys:
- Commissioning surveys;
- Annual surveys;
- Periodic surveys other than annual;
- Outbound surveys;
- Crew complaint surveys;
- Exceptional visits.
In accordance with the provisions of the preceding article, the competent maritime authority carries out a departure survey each time a ship sails.
All vessels of member states or foreign vessels leaving a port in the maritime territory of the C.E.M.A.C. may be subject to an outbound survey by the maritime authority.
The inspections and surveys provided for in these provisions give rise to the collection of the shipowner in accordance with the requirements of the competent maritime authority.
Fulfilment of safety inspection requirements; prohibition on setting sail
The shipping inspector may prohibit or postpone the departure of any vessel which, because of its state of maintenance, its lack of stability conditions of its cargo or any other reason, would appear to him to be unable to take to sea without danger to the crew or persons on board.
In such cases, the competent maritime authority shall take all appropriate steps to prevent departure. In the case of a foreign ship, the competent maritime authority shall proceed as indicated in Chapter VI of the law.
The reasons for prohibition and postponement are immediately notified in writing to the master of the vessel. If the master refuses to comply, the competent maritime authority requests the competent authority to prevent departure.
Authorized personnel
Independently of the powers exercised by officers and agents of the judicial police in accordance with the provisions of criminal procedure, have free access to all vessels to carry out or participate in ship inspections:
– Maritime affairs administrators;
– Seafarers’ physicians or physicians authorized by the competent maritime authority;
– Radio inspectors;
– Classification society experts;
– Maritime navigation and work safety inspectors;
In each port, the shipping and maritime labour safety inspector is the agent empowered by the competent maritime authority to carry out all safety checks and inspections on board ships.
He takes part in the safety inspection committees referred to in article 142 of the law. He carries out outgoing inspections.
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