< Previous10 1 – Formalities Various documents and information on the vessel are submitted to the Technical Commission of MAR for analysis and initiation of the registration process: •Owner and/ or operator’s contracts, mortgages or other liens relating to the vessel; •Purchase certificate of the vessel (bill of sale); •Vessel’s name and two other alternative names; •Application for the attribution of a call sign, as well as description of communication equipment; •Certified copy of the register Tonnage Certificate; •Name of classification society; •Vessel’s characteristics and propulsion system; •Shipyard and year of construction; •Copies of the vessel’s certificates including those of the classification society; •Copy of the ship Station Licence; •Tonnage measurement data. The Technical Commission of MAR will decide, according to the ship’s records, age and detention history, if a survey will be carried out before registration. A survey is also carried out in the absence of any of the following recognised certificates: •Transcript of registry (from any previous registration); •Deletion certificate. 2 – Permanent registration Vessels must deliver proof of the deletion of the previous registration, if applicable. However, a document issued by the competent maritime authorities, stating that the deletion of the previous registration was requested, may be initially accepted by MAR. PART III – REGISTRATION OF COMMERCIAL VESSELS AND OIL-RIG PLATFORMS11 Legal Documentation The following legal documentation is required for the permanent registration of a vessel in MAR: 1 - Power of attorney granted by the applicant to a local legal representative •Applicable when the domicile or the head office of the applicant is located outside the Autonomous Region of Madeira; •Original or authenticated copy; •Signatures recognized by notary certifying the authority for the act according to nº 2 and nº 3 of article 11º of DL nº 96/89, of the 28th of March; •Legalised or certified according to the Hague Convention of 1961. 2 - Bill of sale •Signed by the seller in the presence of a notary public; •Original or authenticated copy; •Legalised or certified according to the Hague Convention of 1961 with certified translation; 3 - Certificate issued by the previous registry •Original or authenticated copy; •Issued for less than 6 months. 4 - Deletion certificate •Original or authenticated copy; •Legalised or certified according to the Hague Convention of 1961 with certified translation; •It may be temporarily replaced by documentation confirming the deletion request. 5 - Permission granted by the mortgagee(s) •In case of any mortgage; •Original or authenticated copy; •Legalised or certified according to the Hague Convention of 1961 with certified translation; •Signature recognized by notary certifying the authority for the act. Note: All the above documentation must be translated into Portuguese (certified translation)12 Technical Documentation The following technical documentation is required for the permanent registration of a vessel in MAR: •Application Form – Annex A (also available on-line at www.ibc-madeira.com) •Copies of existing statutory certificates: In the case of vessels with a previous registration under another flag administration, it is required to submit to the Technical Commission of MAR copies of the existing statutory certificates and of any associated Exemption Certificates, Statements of Equivalency and List of Limitations approved by the previous flag administration. In case of new constructions, it is strongly recommended that the Technical Commission is advised, at the earliest opportunity, of any applicable exemptions or equivalencies to the relevant instruments. Any request for the application of exemptions or equivalent arrangements to the Portuguese Maritime Administration must be made through a Recognized Organization. •Class certificate (Hull + Machinery annex) •EPIRB Registration Card duly filled (annex B) •Radio application form duly filled (annex C) •Simple copy of the EPIRB programming report (with the new codes) •Simple copy of Radio accounting contract with one of the entities recognised by the Portuguese administration (annex D) •Simple copy of the Declaration of Company (ISM code) (annex E) •Simple copy of complete CSR file - for new buildings a CSR application form (annex F) •Company must provide for the endorsement of the certificate of competency of foreign masters and officers serving onboard Portuguese flag vessel (annex G) •Company must provide for the deactivation and activation of INMARSAT number (annex H). •“Blue Card” for the issuance of the CLC certificate •Initial Survey Report For the provisional registration process to take place, the Technical commission will require the submission of the Initial Survey Report by the Recognized Organization. Once the ship has been technically approved for provisional registration the Technical commission will complete the process by communicating with the owner’s representative.13 At the point of provisional registration MAR will issue the following documents to be kept onboard permanently: •Provisional Certificate of Registry (three months validity) or Temporary Registration Certificate •Ship Station License •Minimum Safe Manning Document• Continuous Synopsis Record (CSR) •CLC, if applicable •Relevant MAR legislation •Log Book (Navigation) •Log Book (Engine) •Oil record Book (part 1) •Oil record Book (part 2) •Cargo Record Book •Garbage Record Book •GMDSS Radio Station Log Book •Register of Ship’s Lifting Appliances and Cargo Handling Gear •Crew List •Certificates of Service + instructions for the embarkation/disembarkation of crew 3 - Temporary registration Bareboat charter in Vessels may be registered temporarily in MAR (bareboat charter in), subject to authorisation granted by the owners and by the competent authorities of the country where the vessel is permanently registered. Although Portuguese law allows the bareboat registration for five (5) years maximum, MAR can make the registration for five (5) plus another five (5) years (5+5), if agreed by the parties. The application form shall be addressed to the Technical Commission of the International Shipping Register of Madeira – MAR, with indication of the charter period. Legal documentation The following legal documentation is required for the temporary (flagging-in) registration of a vessel in MAR: 1 - Bareboat Charter •Original or certified copy signed by both parties (owner and charterer) and certified by a public notary, mentioning; •Name of the vessel;14 •Name and address of the parties; •Charter period; •Existence/non-existence of mortgages on the vessel. 2 - Commercial Certificate of the Charterer •Original or certified copy, when the company is outside Madeira; •A simple copy, when the company is incorporated within the ambit of the International Business Centre of Madeira. 3 - Power of attorney granted by the charterer to a local legal representative •Applicable when the domicile or the head office of the charterer is located outside the Autonomous Region of Madeira; •Certified by public notary and signed on behalf of the company; •Signatures recognized by notary certifying the authority for the act according to nº 2 and nº 3 of article 11º of DL nº 96/89, of the 28th of March. 4 - Permission of the Permanent Registry for the registration of the vessel in MAR 5 - Permission granted by the mortgagee(s) in case of any mortgage. Note 1: Should the bareboat charter and the permission granted by the permanent Registry indicate different dates, MAR will consider the date indicated by the permanent Registry. Note 2: For the temporary registration, certified translations are not mandatory if the documentation is delivered in one of the languages accepted by MAR, namely English, French and Spanish. Deletion of the temporary registration When the charter period is almost expiring, and if the charterer does not renew the registration, MAR will automatically consider such registration deleted. On the other hand, if the charter period is still ruling, but the parties wish to delete the registration, they can do so by signing an addendum to the bareboat charter, where both parties agree to delete such registration. Bareboat charter out Vessels with permanent registration in MAR may be temporarily registered in other countries (bareboat charter out). In such cases, authorisation for the bareboat charter out will be granted by MAR. The vessel will fly that Registry’s flag and the right to fly the Portuguese flag will be suspended until the end of the charter period.The application form shall be addressed to the Technical Commission of the International Shipping Register of Madeira – MAR requesting the temporary registration of the vessel under another flag. The following legal documentation must be delivered to MAR for authorization of the temporary (flagging-out) registration of a vessel: 1 - Bareboat charter •Original or certified copy signed by both parties (owner and charterer) and certified by a public notary, mentioning; •Name of the vessel; •Name and address of the parties; •Charter period; •Existence/non-existence of mortgages on the vessel. 2 - Certificate of the registry •Issued by the registry where the vessel will be temporarily registered confirming the temporary registration. 4 – Other requirements Age There are no direct restrictions on the age of the vessels that may be registered, but the technical commission will decide, on a case-by-case basis, the vessels which will be accepted. Surveys Vessels must be classified by one of the officially Recognized Organizations/ approved classification societies: ABS – American Bureau of Shipping LRS - Lloyds Register of Shipping BV – Bureau VeritasRINA – Registro Italiano Navale DNV – Det Norske Veritas RINAVE Portuguesa GL – Germanisher LloydClassNKK Other classification societies may be included when recognised by the Portuguese Government. Mortgage law The mortgagor and the mortgagee may, by written agreement, choose the legal system of a particular country that shall govern the terms of the mortgage. In case of failure of such agreement, the Portuguese law that rules mortgages shall be applied. In case a foreign law is chosen to rule the mortgage contract, a copy of the foreign law must be presented to MAR, signed by both parties, apostilled and translated into Portuguese.16 Purchase and sale of vessels The purchase and sale of ships is not subject to any previous authorization. The sale becomes effective through a Bill of Sale. Furthermore, the legal representative of the seller must be granted sufficient power to act on behalf of the company. The signature of the seller must be certified in the presence of a public notary. Manning and certification All vessels registered in MAR are required to have a manning certificate issued in order to ensure that seafarers serving on board are qualified, fit and sufficient in number for the performance of their duties. The certificates of seafarers serving on board of vessels registered in MAR shall be issued according to the provisions of the Standards of Training Certification and Watch Keeping for Seafarers Convention of 1978 (STCW), as amended in 1995. The shipowner or his legal representative may apply for the manning proposal of a vessel already registered or to be registered in MAR. The application must be accompanied by the following documents: •Summary identification of the vessel, including technical characteristics, equipment, area and trade where it will operate; •General arrangement plan; •Safety plan; •Stability book; •Any other elements that the applicant may consider necessary for such application; •Ship’s manning proposal duly justified. Employment conditions Labour contracts shall be signed between the seamen or unions and employer, containing the following terms: •Identification of the parties; • Name of the vessel; •Nature and duration of the intended voyage or engagement; •Period that each seaman is to be on board; •Title and function to be undertaken by each seamen; •Wages; •Agreement as to the payment of wages; •Termination of the contract.Citizenship requirements 30% of the safe manning of the ship must be European, of both E.U. and non-E.U. countries, or citizens of Portuguese-speaking countries. This requirement may be eliminated whenever duly justified. Recognition of certificates of competency – STCW 78/95 The coming in force, starting from the 1st of February 2002, of all arrangements of the 95 Amendments to STCW 78´ Convention, renders mandatory for foreign seafarers who perform services on vessels flying the Portuguese flag, to hold the recognition of their certificates of competency. According to the established under regulation I/10 of the referred Convention, the process of recognition of certificates to foreign seafarers is subject to the celebration of a Protocol between Maritime Administrations (the one who recognises and other who issues the certificate). In Portugal, DGRM – Direcção Geral de Recursos Naturais, Segurança e Serviços Marítimos is the entity in charge of the compliance of the arrangements determined on STCW 78/95 Convention. The process of recognition shall be addressed, directed and requested directly to DGRM, for analysis and decision. DGRM commits itself to recognise certificates of competency of seafarers whose nationality is as follows: a)European Union countries; b)Countries with whom Portugal has an agreement for recognition of certificates. Countries under paragraph b) are subject to prior verification of related system on education, training and certification, considering a celebration of a Protocol. According to their level, certificates of competency can be issued for the performance of management or operational functions. In the first case there’s an obligation for demonstration of knowledge on basic principles of the Portuguese Maritime Legislation. The procedure foreseen by DGRM for the process of recognition of certificates at the operational level is as follows: 1)Request by the seafarer or his representative; 2)Documental analysis of the process; 3)Issue of a declaration valid for 90 days, as soon as the documentation is according to the requirements; 4)Issue of the recognition, up to 90 days after the issue of the declaration referred on 3). The procedures for the recognition of the certificates of competency of the crew at management level have now been facilitated, with the dispensation of exams under direct supervision of inspectors from the DGRM, from the 1st of February 2012 onwards. Seafarers will now be provided with a booklet of the Portuguese maritime legislation with a detachable written exam, which must be filed and signed by the seafarer, with the additional signature by the master of the vessel, and sent back to the Portuguese authorities for evaluation.18 International Conventions adopted Portugal has ratified the following IMO and ILO Conventions, which also apply to MAR: IMO Conventions: • IMO Convention 48, amendments 91, amendments 93 • SOLAS Convention 74, Protocol 78, Protocol 88 • LOAD LINES Convention 66, Protocol 88 • TONNAGE Convention 69 • COLREG Convention 72 • CSC Convention 72 • STCW Convention 78, amendments 91 • SAR Convention 79 • INMARSAT Convention 76, OA 76, amendments 94, amendments 98 • FACILITATION Convention 65 • MARPOL 73/78 (Annex I/II) (Annex III) (Annex IV) (Annex V)Protocol 97 (Annex VI) • London Convention 72 • INTERVENTION Convention 69, Protocol 73 • CLC Convention 69, Protocol 76, Protocol 92 • FUND Convention 71, Protocol 76, Protocol 92, Protocol 2003 • SUA Convention 88, Protocol 88 • OPRC Convention 90 • OPRC/HNS 2000 ILO Conventions • C. 8 Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) • C. 22 Seamen’s Articles of Agreement Convention, 1926 (No. 22) • C. 23 Repatriation of Seamen Convention, 1926 (No. 23) • C. 68 Food and Catering (Ships’ Crews) Convention, 1946 (No. 68) • C. 69 Certification of Ships’ Cooks Convention, 1946 (No. 69) • C. 73 Medical Examination (Seafarers) Convention, 1946 (No. 73) • C. 74 Certification of Able Seamen Convention, 1946 (No. 74) • C. 92 Accommodation of Crews Convention (Revised), 1949 (No. 92) • C. 108 Seafarers’ Identity Documents Convention, 1958 (No. 108) • C. 135 Workers’ Representatives Convention, 1971 (No. 135) • C. 137 Dock Work Convention, 1973 (No. 137) • C. 145 Continuity of Employment (Seafarers) Convention, 1976 (No. 145) • C. 146 Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146) • C. 147 Merchant Shipping (Minimum Standards) Convention, 1976 • MLC 2006 Port State Control Ships flying the Portuguese flag (Madeira Registry included) are not targeted for inspection by the Port State Control authorities of the Paris MOU States.ScaleFee per scale Up to 250 NT225 euros From 250 NT up to 2.500 NT0,90 euros per NT From 2.500 NT up to 10.000 NT0,75 euros per NT From 10.000 NT up to 20.000 NT0,60 euros per NT From 20.000 NT up to 30.000 NT0,50 euros per NT From 30.000 NT up to 40.000 NT0,40 euros per NT From 40.000 NT up to 50.000 NT0,30 euros per NT From 50.000 NT up to 60.000 NT0,20 euros per NT Above 60.000 NT0,10 euros per NT ScaleFee per scale Up to 250 NT200 euros From 250 NT up to 2.500 NT0,80 euros per NT From 2.500 NT up to 20.000 NT0,40 euros per NT Above 20.000 NT0,25 euros per NT 5 - Registration fees Fees applicable to vessels 1 - For the initial registration or renewal thereof, the following fees are due: a. Fixed fee of € 1.800; b. Variable fee: NT= Net tonnage 2 - The annual fee shall be calculated according to the following scale: a) Fixed fee in the amount of 1.400 euros; b) Variable fee: NT= Net tonnage c) Ships transferred from the Portuguese traditional Registry are subject to reduced fees. d) The annual fees are due on the first day of the month preceding each twelve-month period. 3 – The fee due for passenger vessels, tug boats and other auxiliary embarkations are those stated in numbers 1 and 2 above, adding thereto 15% in clause 1 and 30% in clause 2. 4 - For the definition of the crew and the issue of the respective certificate, a fee is due in the amount of 300 euros. 5 - For every inspection carried out, upon the request by the shipowner or for the effects of MAR’s annual inspection, a fee is due in the amount of 100 euros/hour.Next >