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Aplication procedures for the recognition

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OPERATIONAL DIRECTIVE

No. 36-P from 12th of May 2020

 

GUIDELINESS ON THE APLICATION PROCEDURES FOR THE RECOGNITION OF SHIP INSPECTION AND SURVEY ORGANISATIONS FOR MARITIME AND MIXED WATERS NAVIGATION

 

Pursuant to art.61 paragraph 3, paragraph 4 from the Law No. 599 from 30.09.1999 for the approval of the Code of commercial maritime navigation of the Republic of Moldova, and point 7, point 9 of the Government decision No. 706 from 11.07.2018 regarding the creation of the Naval Agency of the Republic of Moldova, Naval Agency of Republic of Moldova approves this operational directive that will enter into force from 13th of May 2020.

 

 

Section I. General Provisions

1. Pursuant to the pertinent provisions of the Government Decision No. HG2 / 2020 from 03.01.2020 on approving the Regulation on common rules and standards for ship inspection and survey organisations for maritime and mixed waters navigation and for the relevant activities of maritime administrations and the repeal of the Government Decision no.1608/2003 on the recognition of international companies classification of vessels, the following guidelines shall govern the application procedures for the recognition of ship inspection and survey organisations   for maritime and mixed waters navigation to cater to the needs of the Republic of Moldova fleet.

2. Ship inspection and survey organisations for maritime and mixed waters navigation recognized in accordance with Government Decision nr.1608/2003, up to 2 (two) years after the entry into force of the Government Decision No. HG2/2020, will ensure the compliance assessment procedure for recognition with the mandatory criteria in Annex 2 of the Gov. Decision No. HG2/2020 and section IV-V of this Directive. Failure to do so shall mean the automatic cancellation of the classification society current recognition not later than july 2022.

Section II. Aplication to obtain or to continue to enjoy recognition

3. Any ship inspection and survey organisations for maritime and mixed waters navigation (further - Organization) which is not yet recognized or intends to continue to enjoy recognition, in order to request recognition, shall submit a request for recognition to the Naval Agency together with complete information on, and evidence of, the organization’s compliance with the mandatory criteria set out in Annex II Gov. Decision No. HG2/2020 and section IV-V of this Directive on the requirements, and its undertaking that it shall comply with the provisions of this Directive.

4. Naval Agency shall carry out assessments of the organizations for which the request for recognition was received in order to verify that the organizations meet and undertake to comply with the requirements referred to in Gov. Decision No. HG2/2020.

5. Recognition shall be granted to organizations by the Government of the Republic of Moldova, based on proposals by the Naval Agency following the assessment results.

6. An organization that applies for recognition, and is found to meet the criteria for recognition, will be notified in writing after the approval by the Government, and submission for signing the agreement between Naval Agency and Recognized Organization.

7. Recognition shall only be granted to organizations which meet the mandatory criteria set out in Annex II Gov. Decision No. HG2/2020 and section IV and V of this Directive. Accordingly, the Naval Agency shall refuse to propose to the Government for recognition, organizations which fail to meet the requirements referred herein or whose performance is considered an unacceptable threat to safety and/or the environment.

8. Recognition shall be granted to the relevant legal entity, which is the parent entity of all legal entities that constitute the organization. It shall encompass all legal entities that contribute to ensuring that that organization provides cover for their services worldwide.

9. Naval Agency may limit the recognition as regards certain types of ships, ships of a certain size, certain trades, or a combination thereof, in accordance with the proven capacity and expertise of the organization concerned. In such a case, the Naval Agency shall state the reasons for the limitation and the conditions under which the limitation shall be removed or can be widened. The limitation may be reviewed at any time.

10. The applicant shall file with the Naval Agency an application in writing duly supported by the mentioned documentary requirements set out in point 13, to the official address of the Administration or by electronic mail to info@maradmoldova.md . Incomplete documentary requirements shall not be accepted. Mailed application with incomplete requirement shall be immediately rejected or returned to the applicant.

11. The full process for recognition of an organization, will start with an application from the organization to the Naval Agency, and in case of satisfaction of the Administration of the documentary and qualification requirements, Administration will establish a period of time in which the parties will agree on an audit, at the end of which a report will be drawn up, which together with copies of the application documents and the administration resolution will be proposed to the Ministry of Economy and Infrastructure to submit the organization to the Government of Moldova for recognition, the procedure being completed with the signing of an agreement between the Organization and the Administration.

12. If the Naval Agency determines that an organization does not meet the criteria for recognition, the reasons for this determination will be provided. The organization may reapply for recognition when it complies with the criteria for recognition set forth in the directive.

 

Section III. DOCUMENTARY REQUIREMENTS FOR APPLICATION

13. Mandatory documents required for application on recognition:

     13.1. Registration Certificate

     13.2. Articles of Incorporation and by-laws

     13.3. Name of signatory(ies)

     13.4. List of surveyors, technical, managerial and support staff, and Code of Ethics.

     13.5. Classification Rule Books for the design, construction and certification of steel ships must be evaluated based on latest amendments to the IMO Conventions.

     13.6. Documented system of the organization’s development, implementation and maintenance of an effective internal quality system based on appropriate recognized quality standards no less effective than ISO series, and which, inter alia, ensures that:

     13.6.1. the organization’s rules and/or regulation are established and maintained in a systematic manner, and are reviewed and amended following a documented procedure;

     13.6.2. the organization’s rules and regulations are complied with;

     13.6.3. the responsibilities, authorities, and interrelation of personnel whose work affects the quality of the organization’s service are defined and documented;

     13.6.4. all works are carried out under controlled condition;

     13.6.5. a supervisory system is in place, which monitors the actions and work, carried out by the organization;

     13.6.6. a system of qualification of surveyors and continuous updating of their knowledge is implemented;

     13.6.7. records are maintained, demonstrating achievement of the required standards in the items covered by the services performed as well as the effective operation of the quality systems; and

     13.6.8. a comprehensive system of planed and documented internal audits of the quality – related activities in all location is implemented.

     13.7. ISO 9000 Series Certification and subsequent amendment thereto issued by internationally certifying body/independent auditors.

 

Section IV. Qualification requirements

14. Organization must have a working group and be able to render the following services:

     a. Classification services – to develop and administer the technical standards for the design, construction and periodical survey of ships and other marine structures such as mobile offshore unit;

     b. Technical Advisory services – to render advisory services related to ship design, construction, revision of rules referred to by the Administration.

 

15. Organizations must possess in its working group Naval Architects, Marine Engineers, Mechanical Engineer, Chief Engineers, Masters, Chief Officers and Electrical Engineers, with at least the following minimum qualification:

     15.1. Masters, Chief Officers and Chief Engineers must have appropriate qualifications from a marine or nautical institution and relevant seagoing experience as a certificated ship officer holding or having held a valid STCW II/2 or III/2 certificate of competency not limited as regards the operating area or propulsion power or tonnage, who had work experience for at least (5) years

     15.2. Engineers (any discipline) with at least minimum five (5) years working experience as superintendent and/or division manager in a shipyard; and must have gained a maritime experience of at least 5 years including periods served at sea as officers in engine department.

     15.3. Naval Architects and Mechanical Engineers with at least ten (10) years’ work experience – shipyard with supervisory position and shipbuilding ship repair activities and all types of survey of hull structures and machinery conditions.

16. The quality system of the organization shall be certified in accordance with the ISO 9000 series of its subsequent amendments, by an independent body of auditors/certifying body. Certification under ISO 9000 series, issued by a member of an internationally accepted classification society to the organization is acceptable.

 

Section V. MANDATORY CRITERIA FOR ORGANISATIONS  TO OBTAIN OR TO CONTINUE TO ENJOY RECOGNITION

 

17. The Organization must demonstrate a capacity to deliver high standards of service and compliance with the RO Code and applicable national legislation, as well as a continuous history of activity in this field.

18. The Organization shall have rules or regulations for merchant ships that are published, systematically maintained and made available for the Administration, with a version provided in English. These rules should cover design, construction and certification of ships and their essential engineering systems. The Organization should also have adequate research capability for updating and improving the rules and regulations.

19. Written procedures should be put in place to prevent the engagement of the Organization and its staff in any activity that may conflict with their independence in relation to their work with statutory certification and services. The Organization and staff shall not be, or have personal or family links to the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the item subject to the statutory certification and services. The Organization must provide evidence that they are not overly dependent on a single commercial enterprise for its revenue.

20. The Organization should have procedures that assure the personnel of the Organization are free of commercial, financial or other pressures which might affect their judgment during the job. There should also be procedures in place preventing outside persons or organizations from influencing the result of services carried out.

21. The Organization should have a Code of Ethics making principals of ethical behavior available for all staff.

22. The Organization should show that surveyors and auditors performing statutory work and services are duly qualified, trained and authorized to execute all duties and activities.

23. The responsibilities, authorities, qualifications (including training, experience and level of knowledge) and interrelation of personnel whose work affect the quality of its service should be defined and documented.

24. The flag State should be provided with all desired information related to statutory certification and services carried out by the Organization on behalf of the flag State. The information could be done by send by e-mail, mail or through access to database.

25. The Organization shall have a Quality Management System (QMS) and shall have a system to improve its effectiveness.

26. The Organization should define and document its policy and measurable objectives for quality, safety and pollution prevention.

27. The Organization should have a Quality policy, quality manual, procedures and records required by the RO Code, procedures to ensure the effective planning, operation, and control of the Organization’s processes, rules and regulation, list of ships for which statutory certification and services are provided, pro-forma reports, checklists and certificate appropriate to the activities. It should also include relevant national and international standards, IMO Conventions and standards, documents and data submitted to the Organization for verification and approval and correspondence relevant and important defined by the Organization.

28. The Organization should have a Quality Manual as part of the QMS, and this manual should be available to its entire employee.

29. The Organization should have procedures to control all documents required by the QMS.

30. There should be records to provide evidence of conformity to the requirements of the RO Code and the records should be controlled. There should be procedures for storage, protection, retrieval, retention and disposition of records. These records shall be retained for at least three years beyond the period for which statutory certification and services are provided by the Organization to that ship.

31. Records shall include at least those relevant to:

a)        rules and regulations development and associated research;

b)        the application of the rules and regulations and statutory requirements through:

c)        verification and/or approval of documents and/or drawings relevant to the design;

d)        approval and survey of materials and equipment;

e)        survey during construction and installation;

f)        survey during service; and

g)        issuance of certificates;

h)        the list of ships; and

i)        all other records required by this QMS and any additional requirements established by the Administration.

 

32. The Organization should ensure that quality objectives are established at relevant levels and functions, and that the objectives are measurable.

33. The Organization should be structured and experienced enough to carry out the work in the required way. The Organization staff should be sufficient in number and available in areas where ships fly the flag of the Republic of Moldova. The Organization should have a person in its management that has the responsibility and authority to control that the QMS system is working and maintained, and that the processes for statutory certification and services are effectively delivered. Furthermore, he/she should report to top management on progress and needs for improvement, and to promote awareness of all requirements throughout the Organization. Responsibilities and authorities should be clearly defined for all staff.

34. The Organization should present, an acceptable way for the Administration to communicate to the flag State, specified to the flag (assignments of class, changes and withdrawals), cases where a ship is not fit to proceed to sea without danger to the ship or persons on board, or a threat to the marine environment, and other important information defined by the Administration in cooperation with the Organization. In cases of transfers of the certificates from one RO to another, the IACS’s Procedural Requirements (PR) on transfer of calls should be followed.

35. The Organization should review its QMS every year in a management review. This review should assess areas for improvement and the quality policy and quality objectives.

36. The Organization should have adequate resources in terms of technical, managerial and survey capabilities to accomplish the tasks.

37. The Organization shall be equipped at all time with significant managerial, technical, support and research staff commensurate with the size of the fleet in its class. The Organization should have staff available in areas where ships fly the flag of the Republic of Moldova.

38. The Organization shall have proper infrastructure to carry out the required work including process equipment (both hardware and software).

39. The Organization shall be satisfied that the work environment is safe and effective to perform statutory certification and services. Procedures for safe and effective work environment and training of surveyors must be established and documented.

40. The Administration should be allowed participation in the development and review of Organization rules, procedures and/or regulations. The Organization shall effectively structure the design and development of the statutory certification and services and review these on regular basis.

41. There should be procedures/instructions on how to protect and safeguard property of clients.

42. The work carried out by subcontractors and service suppliers shall be under full control of the Organization. Work affecting statutory certification should only be carried out by firms subject to approval and control either by the flag State or the Organization.

43. The Organization shall have a system to control that monitoring and measuring devices are used in a proper way and are calibrated or verified, or both, according to standards.

44. There should be a system where the Organization addresses complaints and keep records of complains and actions.

45. The Organization shall have a documented process for dealing with appeals.

46. The Organization shall have key performance indicators (KPI) for the performance of statutory certification and services. The Organization should also have a system to monitor, measure, and analyze performance to demonstrate and ensure conformity to statutory certification, service requirements and the QMS.

47. The Organization shall have an audit programme for internal audits.

48. Within the programme for internal audits, the Organization shall carry out annual vertical contract audit (VCA) for processes including plan approval, new construction surveys, in-service periodical survey/audit and type approval or survey of other materials and equipment.

49. The Organization should have a monitoring system in place, which monitors work activities carried out and measures QMS processes where applicable. These systems should show that the Organization is able to comply with the RO Code, fulfilling the requirements of the Organization’s rules and/or regulations and the statutory certification. The systems in place should consider issues such as, but not limited to, port State detentions, casualties and reworking of survey reports.

50. The Organization should have procedures to monitor and measure the service delivery of statutory requirements and of the Organization’s rules to verify that all requirements have been met. These procedures shall include how to deal with non-conformities in line with the RO Code.

51. The Organization shall continually improve the effectiveness of its quality management system through the use of the previously mentioned quality policy, quality objectives, audit reports, analysis of data, corrective and preventive actions and management review.

52. The Organization shall have an effective internal quality management system that complies with the RO Code and is based on appropriate parts of international recognized quality standards no less effective than the ISO 9000 series. The Organization’s quality management system shall be periodically assessed and certified in accordance with the applicable international quality standards by a qualified body that is recognized by the flag State as having the necessary governance and competence to act independently of the Organization’s or their associations.

53. These items shall be controlled prior to authorizing an Organization to act on behalf of Republic of Moldova.

54. The records generated are to be kept for the duration of the Organization authorization and five (5) years thereafter.

 

 

 

 

 

 

 

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