Meresõiduohutuse seadus (MSOS)

§ 1. Scope of application of Act

(1) This Act regulates the maritime safety of ships, recreational craft and other water craft and their navigational safety on navigable inland waters, the security of ships and ensuring the safety of vessel traffic on waterways.

(1¹) Sections 35¹–35³ and Chapters 15 and 16 of this Act are applied, with regard to registration, also to recreational craft navigating in transboundary waters, ships with the overall length of less than 12 meters and personal watercraft that are not set out in subsection 1 of this section.

(2) This Act applies to ships, recreational craft and other water craft flying a foreign flag if so provided for in this Act.

(2¹) Activities related to the national military defence and preparations therefor at sea are subject to this Act only in cases provided in this Act.

(4) Warships are subject to § 45 and subsection 1 of § 49 of this Act, unless otherwise provided by law or an international treaty. Water craft entered in the register of water craft of the Estonian Defence Forces and Estonian Defence League are subject to subsection 7 of § 12, subsection 10 of § 13, subsection 10 of § 17, § 45, and subsection 1 of § 49 of this Act, unless otherwise provided by law.

(4¹) Only subsection 5⁵ of § 20 and Chapter 11 of this Act extent to salvage boats.

(5) Only Chapters 11 and 16 of this Act extend to water craft of special construction and sailboards.

(5¹) § 5²–6³, Chapter 2¹ and § 17² of this Act shall not apply to water craft with an overall length of more than 24 metres which are used for recreational activities.

(6¹) Resolutions and circulars issued on the basis of those conventions of the International Maritime Organization (hereinafter IMO) to which the Republic of Estonia has acceded are applied in Estonia. The Transport Administration shall publish said resolutions and circulars on the website of the Transport Administration. After publication, said resolutions and circulars are mandatory.

(7) The provisions of the Administrative Procedure Act apply to the administrative proceedings provided for in this Act, taking account of the specifications set out in this Act.

(7¹) If a certificate or other document specified in this Act is issued in an electronic format by the Transport Administration, a recognised organisation or a recognised security organisation, the certificate or other document shall:

1) comply with the format and content requirements provided for in the relevant legislation or convention;

2) include information regarding the issuer of the certificate or other document;

3) be signed electronically;

4) be numbered with a unique identification number;

5) be authentic, reliable and comprehensive;

6) be verifiable on the website of the issuer as to the validity of the certificate or other document.

(8) The Product Conformity Act applies to the obligations of the manufacturers, the authorised representatives of manufacturers, importers and distributors of the safety equipment of ships, recreational craft, personal watercraft, and components thereof, as well as to the safety equipment of ships, to recreational craft, personal watercraft, and components thereof, and to the conformity assessment and market surveillance of recreational craft and personal watercraft, and components thereof, taking account of the specifications provided for in this Act.

§ 2. Definitions

For the purposes of this Act:

1) water craft means a vessel intended for navigation in water, including a non-propelled vessel;

1¹) non-propelled vessel means a vessel without propulsion engines which would enable its independent navigation:

2) ship means a water craft used for economic activities, performing state administrative duties or vocational training, except the recreational craft specified in clause 3 of this section. Water craft with an overall length of more than 24 metres which are used for recreational activities are also deemed to be ships;

3) recreational craft means a water craft with an overall length of 2.5 to 24 metres (for example boats, sailing yachts and launches) that is used for recreational activities. Water craft with an overall length of 2.5 to 24 metres that are used for organising recreational voyages for a fee or that are hired for recreational voyages, if such a water craft does not carry over 12 passengers (hereinafter the recreational craft used for organising recreational voyages for a fee) and water craft used for the training of skippers of recreational craft are also deemed to be recreational craft. Water craft which are used in competitive sports and training and which are correspondingly marked by a sports federation (for example personal watercraft, sailboards, sports yachts), and water craft of primitive structure (for example dugouts, dories, kayaks, canoes, and pedal boats) are not deemed to be recreational craft;

4) passenger ferry means a sea-going passenger ship which is fitted with facilities to enable vehicles to roll on and roll off the ship;

5) high speed passenger craft means a high speed craft used for economic activities which is defined in the International Convention on the Safety of Life at Sea of 1974 and the valid Protocols of and amendments to the Convention (hereinafter the International Convention on the Safety of Life at Sea) and which carries more than 12 passengers, except passenger ships of class B, C or D engaged in domestic voyages with their displacement corresponding to the theoretical waterline less than 500 m3 and with their maximum speed less than 20 knots, as specified in the legislation established under subsection 6 of § 19 of this Act;

5¹) training vessel means a vessel used for the training and seagoing practice of crew members which has been equipped and manned correspondingly;

6) water craft of special construction means a water craft with an overall length of up to 24 metres whose characteristics do not meet the requirements and criteria set for the water craft as specified in clauses 3, 7 and 8 of this section, including remote-controlled water craft and experimental craft (for example personal ski machines, powered surfboards and similar water craft);

7) personal watercraft means a water craft having a water jet pump and no cockpit and a stationary engine and an overall length of up to 4 metres which is operated from a sitting position, kneeling position or standing position;

8) sailboard means a sail-powered water craft whose rigging does not have a fixed connection with the board;

9) operator means a person who is in possession of a ship and uses it in the operator’s own name and has been entered in the respective register of ships. An operator is also a person who has taken over the obligations and liability for managing the maritime safety and technical service of a ship from the owner of the ship under a contract pursuant to the International Management Code for the Safe Operation of Ships and for Pollution Prevention (hereinafter ISM Code) established on the basis of the International Convention for the Safety of Life at Sea;

9¹) waterway means navigable waters in the sea areas and navigable inland waters of Estonia;

10) public waterway means the part of a waterway that is located outside a port basin and port entrance;

10¹) fairway means the part of a waterway that is most suitable for water traffic and has been published in navigational information and, if necessary, marked in nature;

12) recognised organisation means a legal entity with whom the Transport Administration has entered into a contract under public law for the issue of documents provided by law to ships flying the national flag of Estonia and to operators, and for carrying out acts with regard to them within the limits of authorisation provided by law, and who operates pursuant to the legislation in force in Estonia, international conventions and the rules established by the organisation itself;

15) domestic voyages means shipping in coastal waters not more than 20 nautical miles from the shore but not outside the sea areas of Estonia;

16) dangerous goods means a chemical, or a product, material or finished product containing a chemical, which is carried in packages or in bulk and which, while being handled at a port or transported by sea or navigable inland waters, may endanger human life, harm the health or property of people or damage the environment;

17) ship’s agent means a legal or natural person who represents an operator;

18) recognised security organisation means an undertaking which develops or approves a ship’s security plan, carries out the ship security risk assessment or carries out ship security verification and operates pursuant to the legislation in force in Estonia and international conventions and meets the requirements of the International Convention on the Safety of Life at Sea, and of the International Ship and Port Facility Security Code established on the basis of said Convention, and with whom the Transport Administration, if the undertaking wishes to obtain approval for the security plans for ships flying the national flag of Estonia or carry out security verification of said ships, enters into an agreement for the approval of security plans for ships flying the national flag of Estonia or carrying out security verification of said ships and for the issue of certificates to such ships;

19) regular service means voyages according to a published timetable or as regularly or as often that apparent regularity manifests itself;

20) state of call means a state in whose port a ship engaged in regular service arrives or whose port the specified ship leaves;

21) international shipping means shipping outside the area of domestic voyages, during which the vessel enters a foreign port, and shipping outside the area of near-coastal shipping;

22) near-coastal shipping means shipping in the Baltic Sea without entering the Kiel Canal;

22¹) the Baltic Sea means the sea area with the Gulf of Bothnia and the Gulf of Finland bounded by the parallel of the Skaw in the Kattegat Straight at 57º44.8’ N;

23) navigation area means the permitted distance of a ship or recreational craft from a port, place of refuge or shore which, in the case of a restriction, is determined in nautical miles and, on navigable inland waters, in kilometres and upon determination of which, the construction, equipment, stability indicators, safety equipment and supplies of a ship or recreational craft are taken into account;

23¹) compulsory pilotage area means the district which comprises the internal sea, the vicinity of ports and port basins, and is divided into pilotage zones;

24) ​​overall length​​ or ​​length over​​ all (​L​​OA​​​, in metres) means a distance between the foremost point of the bow and the aftermost point of the stern where the bow includes the watertight hull constructions, forecastle and bulwark, but does not include the bowsprit and guardrail, and the stern includes the watertight hull constructions, transom, poop, trawl ramp and bulwark, but does not include the guardrail, propulsion engine, rudder plate, divers’ ladder and platform;

25) historical ship means a ship designed before the year 1965 which has been constructed mostly of original materials and has not undergone major reconstruction, or a copy of such ship or type of a vessel which has been constructed of construction materials similar to the original, and which can be used for passing along historical seafaring skills and practices. A ship designed before the year 1965 which does not meet the criteria specified in the first sentence is also deemed to be a historical ship if it is important for the preservation of seafaring culture and history;

26) special area means a delimited water area that is intended for certain activities or an area where an activity is prohibited or in respect of which restrictions are applied;

27) place of refuge means a port, the part of a port, a berth, an anchorage or any other sheltered area intended for accommodating ships attempting to escape distress or ships in distress;

27¹) anchorage means an area published in navigational information which is designated for ships when at anchor;

28) maritime educational institution means a person organising formal education (vocational education and higher education) and refresher and updating training for crew members and assessing their knowledge and skills;

29) passenger ship means a ship which carries more than twelve passengers;

30) passenger is a person on board a ship who is not entered in the crew list of the ship. Persons who are taken on board a ship after their rescue at sea, pilots and pilot apprentices and children under one year of age are not deemed to be passengers;

31) salvage boat means water craft adapted for search and rescue work in a body of water;

32) economic activity means the use of water craft for the purposes of receiving income;

33) navigational information means information given by the Transport Administration concerning navigational conditions and changes therein on a waterway. Navigational information includes navigational charts and nautical publications, such as sailing directions, lists of aids to navigation, notices to seafarers and navigational warnings and other publications needed for navigation;

34) length (length between perpendiculars) (L, in metres) is 96 per cent of the total length of the theoretical water line unless provided otherwise. The theoretical water line is the line which is at 85 per cent of the least moulded depth measured from the keel line. If the length from the foreside of the stem to the axis of the rudder stock on that water line is greater, the latter is deemed to be the length. In the case of ships designed with rake of keel, the water line shall be parallel to the theoretical water line;

35) structural conversion of recreational craft means the replacement of the engine type, replacement of the propulsion engine type, replacement of one propulsion engine for several propulsion engines, conversion of the hull that alters the seaworthiness or maritime safety, and conversion of the hull that significantly affects the stability of recreational craft;

36) aid to navigation means an object that is visually recognisable according to the characteristics published in navigational information and that is constructed, adapted or installed for facilitating navigation;

37) aids to navigation system means a set of aids to navigation in a delimited part of a waterway;

38) security level means the degree of risk, according to which protective and security measures are taken to avoid a security incident;

39) security incident means an incident, act or circumstance that may threaten the security of a ship or a ship/port interface or a port and a port facility;

39¹) armed security personnel (hereinafter security personnel) means an employee of a maritime security company, who guards and protects the ship, its crew and passengers and the property on board against external attacks in a high risk area;

40) sea area of Estonia means the internal sea, the territorial sea and the exclusive economic zone of Estonia;

41) fishing vessel means a vessel equipped and used for catching fish and other living resources for commercial purposes;

42) cruise ship means a passenger ship that makes organised recreational voyages lasting for at least 60 hours and enters at least two ports in addition to the point of departure and destination of the trip, does not take part in liner shipping, does not carry goods and does not take on board or let go ashore liner passengers during a pleasure voyage;

43) significant wave height means the mean wave height of the highest third of the waves observed within an indicated period of time;

44) bunkering means the supplying of a ship with motor fuels or oils, including alternative and renewable fuels;

45) bunker operator – means an undertaking providing a bunkering service.

§ 2¹. Navigable inland waters

(1) Navigable inland waters (hereinafter inland waters) are the River Narva, Lake Peipus, Lake Lämmijärv, Lake Pskov, the River Emajõgi, Lake Võrtsjärv and the River Väike-Emajõgi from Lake Võrtsjärv to Jõgeveste Bridge, the River Pärnu from the estuary to the estuary of the River Reiu, the River Sauga from the estuary to Vana-Pärnu Footbridge, the River Reiu from the estuary to the railway bridge, the River Nasva from the estuary to the latitude 58°13.9’N, the River Pirita from the estuary to the latitude 59°27.864’N and the River Purtse from the estuary to the latitude 59°26.059’N.

(2) Inland waters connected with the sea are the lower River Narva to the embankment, the River Pärnu from the estuary to the estuary of the River Reiu, the River Sauga from the estuary to Vana-Pärnu Footbridge, the River Reiu from the estuary to the railway bridge, the River Nasva from the estuary to the latitude 58°13.9’N, the River Pirita from the estuary to the latitude 59°27.864’N and the River Purtse from the estuary to the latitude 59°26.059’N.

§ 3. Issue of certificates

(1) A ship shall have the original maritime safety certificates prescribed by international conventions and this Act.

(2) Maritime safety certificates and tonnage certificates shall be issued to ships registered or subject to registration in Estonia by the Transport Administration or by a recognised organisation.

(3) The conditions for the tonnage measurement of ships with an overall length of less than 24 metres and issue of tonnage certificates, and the list of data to be entered in the tonnage certificates shall be established by a regulation of the minister in charge of the policy sector.

(3¹) The calculation of the gross tonnage and net tonnage of fishing vessels is governed by Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels (OJ L 169, 30.06.2017, p. 1−7).

(3²) A ship with an overall length of less than 12 metres, except a fishing vessel, does not need to have a tonnage certificate.

(5) The Transport Administration shall recognise certificates and tonnage certificates issued by a Member State of the European Union and by competent authority of a State Party to an international convention and by competent organisations of such states.

(6) The Transport Administration may, at the request of a competent authority of another contracting party to an international convention, issue maritime safety certificates to ships flying a foreign flag if the certificates meet the requirements of international conventions.

(7) A state fee shall be paid for the issue of a maritime safety certificate, inland navigation certificate or tonnage certificate.

(8) A state fee shall be paid for the review of documentation on the basis whereof certificates and documents are issued for ships.

(9) Subsections 7 and 8 of this section are applied also to ships flying the flag of a foreign state.

§ 4. Requirements for ships flying foreign flag

(1) Upon entering a port located in the territory of the Republic of Estonia, ships flying a foreign flag are required to have the certificates prescribed by the international conventions which apply to such ships.

(2) The requirements of the flag state, taking account of the specifications provided for in this Act, apply to ships flying a foreign flag to which international conventions do not apply. Seaworthiness or worthiness of the ship for navigation on inland waters shall be ensured in accordance with this Act and the requirements established on the basis hereof.

(3) The requirements of the flag state apply to ships flying a foreign flag that provide carriage services or other services only between the ports of Estonia or in a port basin or with departure from an Estonian port and with entrance in the same port. If the requirements of the flag state of such ship are less stringent than the requirements established with regard to a ship flying the national flag of Estonia, the requirements in force in Estonia shall be applied.

(4) The crew members of ships flying a foreign flag are entitled to file a complaint with the Transport Administration deriving from the application of the Maritime Labour Convention of the International Labour Organization and the Work in Fishing Convention of the International Labour Organization.

(5) If the complaint of a crew member of a ship flying a foreign flag cannot be settled on board the ship, and the non-conformities causing the complaint cannot be eliminated by the supervisory operations of the Transport Administration, the Transport Administration shall immediately inform the competent authority of the flag state of the ship about it, and shall apply for submission of relevant explanations and a time schedule for elimination of non-conformities within the stipulated period. If nevertheless the non-conformities are not eliminated, the Transport Administration shall report it to the relevant representative organisations of operators and crew members of the port state and submit a copy of the report including a response received from a competent authority of the flag state to the Director-General of the International Labour Office.

§ 5. Navigation area of ship

(1) The navigation area of a ship shall be determined by the Transport Administration that shall then specify the details of the area in the maritime safety certificates of the ship or in the inland navigation certificate of the ship if the ship is used on inland waters (hereinafter inland navigation certificate).

(2) The Transport Administration shall recognise an entry made in the maritime safety certificate of a ship concerning the navigation area of the ship as determined by a recognised organisation or a competent authority of a Member State of the European Union if the entry meets the requirements of international conventions and this Act.

§ 5². Safety Management System

The obligation to create and use a safety management system and the terms thereof derive from Regulation (EC) No 336/2006 of the European Parliament and of the Council on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (OJ L 64, 04.03.2006, p. 1–36).

§ 6. Maritime safety audit of operators and their ships

(1) The purpose of a maritime safety audit is to determine whether the measures implemented by an operator comply with the requirements of the International Convention on the Safety of Life at Sea.

(1¹) Maritime safety audits of operators and their ships shall be carried out in accordance with the requirements of Regulation (EC) No 336/2006 of the European Parliament and of the Council.

(1²) The compliance of an operator with the requirements is certified by a document of compliance (DOC) and the compliance of a ship with the requirements is certified by a safety management certificate (SMC).

(2) Maritime safety audits of operators and their ships shall be organised by the Transport Administration that shall then issue the certificates set out in subsection 1² of this section to this effect to operators and for their ships that have successfully passed the audit.

(2¹) A recognised organisation may carry out a maritime safety audit of operators and their ships and issue corresponding certificates to operators and their ships that have successfully passed the audit.

(2²) Administrative supervision over the performance of administrative duties shall be exercised by the Transport Administration. The Transport Administration shall promptly take measures to ensure the performance of an administrative duty if an administrative contract entered into pursuant to subsection 2¹ of this section is unilaterally terminated or if there is another reason preventing a recognised organisation from continuing the performance of the administrative duty.

(3) The Transport Administration shall recognise maritime safety audit certificates issued by a Member State of the European Union and by competent authority of a State Party to an international convention and by a competent organisation of such states.

(4) The procedure for the maritime safety audit of operators and their ships shall be established by a regulation of the minister in charge of the policy sector.

(5) If an operator applies for the maritime safety audit of a ship or of the operator in a foreign state, the operator shall reimburse the travel expenses of the supervisory officials of the Transport Administration which are to be calculated in accordance with the procedure established pursuant to subsection 5 of § 44 of the Civil Service Act.

(6) A state fee shall be paid for the issue of a document of compliance, interim document of compliance, safety management certificate and interim safety management certificate. The operator shall pay a state fee for the maritime safety audit of the operator and the ship and for review of the documentation prior to the audit by the Transport Administration, within ten working days after the performance of the audit.

§ 6¹. Types of maritime safety audits of operators and their ships and conditions of carrying out additional audit

(1) The maritime safety audits of operators or their ships are classified as follows:

1) initial audit;

2) annual audit or intermediate audit;

3) complete audit;

4) audit for issuing an interim certificate;

5) additional audit.

(2) An initial, annual or intermediate audit and a complete audit, as well as an audit for issuing an interim certificate shall be carried out in conformity with the requirements provided for in the ISM Code and in Regulation (EC) No 336/2006 of the European Parliament and of the Council.

(3) An additional audit may be carried out if:

1) after a marine incident that is dangerous to human life, the ship or the environment, it is necessary to verify the effective and proper functioning of the safety management system;

2) it is necessary to verify that the non-conformities found during the previous audit of the operator or the ship have been eliminated; or

3) major non-conformities have been found on the ship during the inspection of the ship.

(4) The scope and term of an additional audit shall be established by the Transport Administration, having previously consulted with the operator. The scope and focus of an additional audit depend on the circumstances. The Transport Administration shall inform the operator about the need for an additional audit.

§ 6². Non-conformities and major non-conformities found during maritime safety audits of operators and their ships

(1) A report is prepared regarding non-conformities and major non-conformities found during an audit. The report shall include:

1) description of the non-conformities or major non-conformities found;

2) measures to be taken and term for eliminating the non-conformities found;

3) name, position and signature of the official preparing the report;

4) date of preparing the report;

5) possibilities, term and procedure for contesting the report;

6) signature of the person examining the report.

(2) The Transport Administration shall establish, subject to approval by the operator, the measures and term for eliminating a non-conformity. The maximum term for eliminating a non-conformity is three months. The operator is responsible for taking measures necessary for eliminating a non-conformity.

(3) If the measures for eliminating a non-conformity are not established during the audit due to the lack of approval by the operator, the operator shall submit the measures to be taken for eliminating the non-conformity to the Transport Administration for approval within five working days after the non-conformity report was delivered to the operator.

(4) If a major non-conformity is found, the operator or the master of the ship shall immediately take measures to eliminate the reasons for the major non-conformity or minimize such reasons to an extent that would enable to classify the occurrence as a non-conformity.

(5) After eliminating a major non-conformity, the operator shall submit a request for a new audit to the Transport Administration. The audit is carried out in the same scope as the initially performed audit.

(6) The operator shall submit a report regarding the implementation of the measures taken for eliminating a non-conformity to the Transport Administration within the term specified in the non-conformity report.

§ 6³. Refusal to issue and renew document of compliance and safety management certificate, and revocation of document of compliance and safety management certificate

(1) The issue or renewal of a document of compliance or a safety management certificate is refused if a major non-conformity found during a maritime safety audit has not been eliminated.

(2) A document of compliance is revoked if:

1) the operator does not apply for the mandatory annual audit within the time-limits provided for in paragraph 13.4 of Part B of Annex 1 of Regulation (EC) No 336/2006 of the European Parliament and of the Council;

2) there is a major non-conformity; or

3) the operator disclaims liability for the safety management provided for in paragraph 14.2 of Part B of Annex 1 of Regulation (EC) No 336/2006 of the European Parliament and of the Council.

(3) If a document of compliance is revoked and its renewal is refused, it means also revocation of the respective safety management certificate and interim safety management certificate.

(4) A safety management certificate is revoked if:

1) the operator does not apply for an intermediate audit of the ship within the time-limits provided for in paragraph 13.8 of Part B of Annex 1 of Regulation (EC) No 336/2006 of the European Parliament and of the Council;

2) there is a major non-conformity;

3) liability for the safety management of the ship has been transferred to another operator;

4) the operator desists from the safety management of the ship; or

5) the ship is deleted from a register or starts flying the flag of another state.

§ 7. Licence obligation

An undertaking shall have an activity licence for operating in the following areas of activity:

3) in-water inspection and under-water repairs of the underwater hull of ships;

4) repairs, inspection and shore-based maintenance of the radiocommunication equipment of ships;

4¹) repairs, inspection and testing of the lifesaving appliances of ships;

9) building of recreational craft;

10) organisation of training for skippers of recreational craft;

11) professional training of crew members pursuant to Chapter 5 of this Act, except training of ship’s cooks;

12) organisation of training for operators of personal watercraft;

14) organisation of training for the security officers of operators;

§ 9. Application for activity licence

(1) The Transport Administration shall decide on an application for an activity licence by issuing the activity licence or refusing to issue the activity licence within 20 working days after the day when the application was submitted.

(2) The application for an activity licence shall set out, in addition to as provided in the General Part of the Economic Activities Code Act, the list of technical means to be used, an overview of the activities of the applicant for which the activity licence is applied, and copies of documents certifying the qualification of the specialists of the undertaking (certificates and other such documents).

(3) Where a person applies for an activity licence for operating in a field of activity specified in clause 4 or 4¹ of § 7 of this Act, the application must be accompanied by a copy of the licence or certificate issued to the applicant by the manufacturer of the equipment, appliance or system for testing the product or for carrying out its maintenance, inspection or repairs.

(3¹) While applying for the activity licence for the repairs, inspection and testing of the lifesaving appliances specified in subsection 4¹ of § 7 of this Act, the application shall include data on the service station of the lifesaving appliances in compliance with the requirements of the International Convention for the Safety of Life at Sea.

(4) Curricula, lists of technical aids and simulators and list of teaching staff shall be appended to the application while applying for an activity licence in the areas of activity set out in clauses 10–12 of § 7 of this Act.

(4¹) When applying for an activity licence for building a recreational craft specified in clause 9 of § 7 of this Act, the application must be accompanied by an application for a unique code of the manufacturer of the recreational craft in accordance with Article 4(1) of Commission Implementing Regulation (EU) 2017/1 of 3 January 2017 on procedures for watercraft identification under Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft (OJ L 1, 04.01.2017, pp 1–5). The Transport Administration issues a unique code of the manufacturer together with the activity licence.

(5) A statutory duty for consideration of an application for an activity licence must be paid at the rate provided in the Statutory Fees Act.

(6) An activity licence is issued to an undertaking if it complies with the requirements specified in this Act and in international conventions regulating maritime safety.

§ 10. Notification obligation

An undertaking shall submit the notice of economic activities to the Transport Administration for operating in the following areas of activity:

1) survey of loading operations of chemical tankers;

2) shipping agency services.

§ 11¹. Security supervision of ships and international ship security certificate

(1) Security supervision consists of a survey specified in subsection 2 of this section and of sample checks.

(2) For the purposes of this Act, “security verification” means the audit of the security system of ships, inspection of the shipboard installations and ship’s equipment ensuring safety and assessment of the conformity of a security plan with the requirements of the International Convention on the Safety of Life at Sea and the International Ship and Port Facility Security Code established on the basis of said Convention and national legislation.

(3) The Transport Administration shall exercise supervision over compliance with the requirements related to ship security.

(4) International ship security certificates (hereinafter the security certificate) concerning ships which are registered in Estonia and have successfully undergone security verification shall be issued by the Transport Administration.

(5) A recognised security organisation with whom the Transport Administration has entered into an administrative contract may conduct security verification of a ship, approve the security plan of a ship and issue a security certificate of a ship.

(5¹) Administrative supervision over the performance of administrative duties shall be exercised by the Transport Administration. The Transport Administration shall promptly take measures to ensure the performance of an administrative duty if an administrative contract is unilaterally terminated or if there is another reason preventing a recognised security organisation from continuing the performance of the administrative duty.

(6) The Transport Administration recognises security certificates issued by the recognised security organisations or a Member State of the European Union, which comply with the requirements of the International Convention on the Safety of Life at Sea and this Act.

(7) A ship shall have the original of a security certificate prescribed by the International Convention on the Safety of Life at Sea and the International Ship and Port Facility Security Code established on the basis of said Convention and this Act.

(8) The procedure for carrying out security verifications of ships shall be established by a regulation of the minister in charge of the policy sector.

(8¹) If an operator applies for security verification of a ship at a foreign port, the operator shall reimburse the travel expenses of the supervisory officials of the Transport Administration which are to be calculated in accordance with the procedure established pursuant to subsection 5 of § 44 of the Civil Service Act.

(9) Data and information obtained or created in the course of the verification and inspection set out in subsection 2 of this section and security risk assessments and security plans are not public.

(10) A state fee shall be paid for the issue of a security certificate and interim security certificate of a ship. The operator shall pay a state fee for the security verification and for the review of the security plan and amendments thereto within ten working days after the performance of the verification or review of the security plan and amendments thereto.

§ 11³. Security level and provision of security information

(1) The security level of ships flying the national flag of Estonia shall be established by an order of the minister in charge of the policy sector.

(2) The security level shall be established in conformity with requirements of the International Convention on the Safety of Life at Sea and the International Ship and Port Facility Security Code established on the basis of said Convention (hereinafter the ISPS Code) and Regulation (EC) No 725/2004 of the European Parliament and of the Council on enhancing ship and port facility security (OJ L 129, 29.04.2004, p. 6–91).

(4) During the ship’s stay in port, the master of the ship shall bring the security level on the ship into conformity with the security level of the port if the security level of the port is higher than the security level established in accordance with subsection 1 of this section.

(5) The procedure for provision and receipt of security information shall be established by a regulation of the Government of the Republic of Estonia.

(6) The security declaration shall be stored on the ship for three years.

§ 11⁴. Exceptional measures taken in respect of ship for reasons of security

If, on the basis of information received from security authorities or a risk assessment, a ship constitutes a national security risk, the Transport Administration may, for reasons of security, take exceptional measures, such as imposition of restrictions on the period during which the ship stays in a port, refusal of access to port, transfer of the ship or expulsion of the ship from a port.

§ 11⁵. Types of security verification and conditions of carrying out additional survey

(1) The security verifications of ships (hereinafter the security verifications) are classified as follows:

1) verification for issuing an interim certificate;

2) initial verification;

3) intermediate verification;

4) complete verification;

5) additional verification.

(2) Initial, intermediate and complete verification, as well as verification for issuing an interim certificate shall be carried out in conformity with the requirements provided for in the ISPS Code and Regulation (EC) No 725/2004 of the European Parliament and of the Council.

(3) Additional verification may be carried out in the following cases:

1) to verify the effective functioning of the security plan of the ship after a security incident has occurred;

2) to verify that any non-compliance found during verification has been eliminated;

3) if substantial changes have been made in the security plan of the ship; or

4) if any non-compliance has been found at the ship during the inspection of the ship.

(4) The scope and term of additional verification shall be established by the Transport Administration, having previously consulted with the operator. The scope and focus of additional verification depend on the circumstances. The Transport Administration shall inform the operator about the need for additional verification.

§ 11⁶. Non-compliances found during security verifications

(1) A report is prepared regarding non-compliances found during security verification, and the report shall include:

1) description of the non-compliances found;

2) measures to be taken and term for eliminating the non-compliances found;

3) name, position and signature of the official preparing the report;

4) date of preparing the report;

5) possibilities, term and procedure for contesting the report;

6) signature of the person examining the report.

(2) The Transport Administration establishes, in concert with the operator, the measures and term for eliminating any non-conformity. The operator is responsible for taking measures necessary for eliminating a non-conformity.

(3) If the measures for eliminating a non-conformity are not established during security verification due to the lack of approval by the operator, the operator shall submit the measures to be taken for eliminating the non-compliance to the Transport Administration for approval within five working days after the non-compliance report was delivered to the operator.

(6) The operator shall submit a report regarding the implementation of the measures taken for eliminating the non-compliance to the Transport Administration within the term specified in the non-compliance report.

§ 11⁷. Refusal to issue and renew security certificate, and revocation of security certificate

(1) The issue or renewal of a security certificate is refused if a non-compliance is not eliminated during security verification.

(2) A security certificate is revoked if:

1) the operator does not apply for the intermediate survey of the ship within the time-limits provided for in paragraph 19.1.1.3 of Part A of the ISPS Code;

3) liability for the security management of the ship has been transferred to another operator;

4) the operator desists from the security management of the ship; or

5) the ship is deleted from a register or starts flying the flag of another state.

§ 11¹³. Issue of maritime labour certificate and work in fishing certificate

(1) Ships entered in the ship registry or the register of bareboat chartered ships of Estonia shall have a certificate attesting conformity to the requirements for working and living conditions of crew members in accordance with the Seafarers Employment Act and the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization as follows:

1) ships with a gross tonnage of 500 or more, engaged in international shipping, except fishing vessels, shall have a maritime labour certificate conforming to the requirements of the Maritime Labour Convention of the International Labour Organization, and the declaration of maritime labour compliance attached to the maritime labour certificate (hereinafter maritime labour certificate);

2) fishing vessels with a length of over 24 meters remaining at sea for more than three days and usually navigating outside the area of near-coastal shipping shall have a work in fishing certificate conforming to the requirements of the Work in Fishing Convention of the International Labour Organization.

(2) An operator may apply for the maritime labour certificate also for a ship not specified in clause 1 of subsection 1 of this section if the ship is registered in Estonia.

(3) The Transport Administration shall issue a maritime labour certificate or a work in fishing certificate for a ship on the basis of an application of the operator after the ship has successfully passed the inspection of the working and living conditions of crew members (hereinafter in this Chapter inspection).

(4) The Transport Administration has the right to assign, by an administrative contract, the administrative duties of conducting the inspection and issuing maritime labour certificates and work in fishing certificates to a recognised organisation that meets the requirements for competence and independence provided for in international conventions. Administrative supervision over the performance of the administrative duty is exercised by the Transport Administration that shall immediately take measures to ensure the performance of the administrative duty if the administrative contract is terminated or if there is another reason preventing the recognised organisation from performing the administrative duty.

(5) The Transport Administration shall recognise maritime labour certificates and work in fishing certificates issued by a recognised organisation, if such certificates conform to the requirements of the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization.

(6) A state fee shall be paid for the issue of a maritime labour certificate or work in fishing certificate.

§ 11¹⁴. Inspection of working and living conditions of crew members

(1) The purpose of the inspection is to ensure that the working and living conditions of crew members on a ship would conform to the requirements provided for in the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization.

(2) The inspections are classified as follows:

1) an initial inspection which shall be conducted before the issue of the maritime labour certificate or work in fishing certificate;

2) an interim inspection for approval of the validity of the maritime labour certificate which shall be conducted in the second or third year of validity of the maritime labour certificate;

3) an interim inspection for approval of the validity of the work in fishing certificate which shall be conducted within the period of three months before or after the second or third year of validity of the maritime labour certificate;

4) a complete inspection which shall be conducted in every five years for the renewal of the maritime labour certificate or work in fishing certificate.

(3) In addition to the inspections provided for in subsection 2 of this section, also the following may be conducted additionally:

1) an inspection at the request of the operator for the issue of the interim maritime labour certificate provided for in § 11¹⁶ of this Act;

2) an additional inspection during the validity of the maritime labour certificate, the scope and time of conduct whereof shall be determined by the Transport Administration after prior consultation with the operator.

(4) Upon the inspection, the Transport Administration shall inspect the following documents and circumstances:

1) the age of crew members;

2) the medical certificates of crew members;

3) the qualification of crew members;

4) the seafarer’s employment agreement, including the conditions of payment of wages;

5) working and rest time;

6) the financial security for compensation for the expenses of organisation of homeward voyage or abandonment, except upon inspection of a fishing vessel specified in clause 2 of subsection 1 of § 11¹³ of this Act;

6¹) the security related to compensation for the claims specified in § 39¹ of the Seafarers Employment Act, except upon inspection of a fishing vessel specified in clause 2 of subsection 1 of § 11¹³ of this Act;

7) use of placement services;

8) the manning level of the ship;

9) the conditions of accommodation and rest on the ship;

10) the food served on board the ship;

11) medical assistance on board the ship;

12) the procedure for submission and processing of complaints on board the ship, except upon inspection of a fishing vessel provided for in clause 2 of subsection 1 of § 11¹³ of this Act.

(5) The Transport Administration may engage the Labour Inspectorate and Health Board within the limits of their competence in the conduct of the inspection.

(6) A state fee shall be paid for the conduct of the inspection.

(7) If an operator applies for the conduct of the inspection in a foreign state, the operator shall reimburse the travel expenses of the supervisory officials conducting the inspection which are to be calculated in accordance with the procedure established pursuant to subsection 5 of § 44 of the Civil Service Act.

§ 11¹⁵. Non-conformity and major non-conformity found during inspection of working and living conditions of crew members conducted for issue, approval of validity and renewal of maritime labour certificate

(1) A report is prepared regarding non-conformities and major non-conformities found during inspection of working and living conditions of crew members conducted for the issue, approval of validity and renewal of a maritime labour certificate, and the report shall include:

1) description of the non-conformities or major non-conformities found;

2) measures to be taken and term for eliminating the non-conformities found;

3) name, position and signature of the official preparing the report;

4) date of preparing the report;

5) possibilities, term and procedure for contesting the report;

6) signature of the person examining the report.

(2) The Transport Administration shall establish, subject to approval by the operator, the measures and term for eliminating a non-conformity. The maximum term for eliminating a non-conformity is three months. The operator is responsible for taking measures necessary for eliminating a non-conformity.

(3) If the measures for eliminating a non-conformity are not established during the inspection due to the lack of approval by the operator, the operator shall submit the measures planned to be taken for eliminating the non-conformity to the Transport Administration for approval within five working days after the non-conformity report was delivered to the operator.

(4) If a major non-conformity is found, the operator or the master of the ship shall immediately take measures to eliminate the reasons for the major non-conformity or minimize such reasons to an extent that would enable to classify the occurrence as a non-conformity.

(5) After eliminating a major non-conformity, the operator shall submit a request for a new inspection which shall be carried out in the same scope as the initially performed inspection.

(6) The operator shall submit a report regarding the implementation of the measures taken for eliminating a non-conformity to the Transport Administration within the term specified in the non-conformity report.

§ 11¹⁶. Issue of interim maritime labour certificate

(1) The Transport Administration may issue an interim maritime labour certificate at the request of the operator for up to six months:

1) for a new ship;

2) for a ship exchanging flags;

3) for a ship whose operator is being replaced.

(2) A ship is not required to have the declaration of maritime labour compliance set out in clause 1 of subsection 1 of § 11¹³ of this Act during the validity of an interim maritime labour certificate.

(3) An interim maritime labour certificate may be issued after the ship has successfully passed an inspection conducted, as far as reasonable and practicable, by the Transport Administration.

(4) The Transport Administration shall issue an interim maritime labour certificate after:

1) the ship has passed an inspection conducted, as far as reasonable and practicable, by the Transport Administration;

2) the operator has demonstrated that the ship has adequate procedures to conform to the requirements of the Maritime Labour Convention;

3) the operator has demonstrated that the master is familiar with the requirements of the Maritime Labour Convention and the responsibilities for implementation thereof;

4) the operator has submitted relevant information for obtaining the declaration of maritime labour compliance.

(5) At the request of the operator, the Transport Administration shall conduct an initial inspection of the ship provided for in clause 1 of subsection 2 of § 11¹⁴ of this Act before the expiry of an interim maritime labour certificate.

§ 11¹⁷. Format of maritime labour certificate, declaration of maritime labour compliance, interim maritime labour certificate and work in fishing certificate

(1) Maritime labour certificates, interim maritime labour certificates and work in fishing certificates shall be prepared in Estonian and in English.

(2) The list of the data to be entered in the work in fishing certificates shall be established by a regulation of the minister in charge of the policy sector.

(3) Successful passing of an interim inspection is evidenced by a notation of the Transport Administration in the maritime labour certificate or work in fishing certificate.

(4) Maritime labour certificates, interim maritime labour certificates and work in fishing certificates or copies thereof shall be available to crew members on board the ship.

§ 11¹⁸. Validity of certificate

(1) Maritime labour certificates and work in fishing certificates are valid for up to five years after the issue of the certificates.

(1¹) If a ship has successfully undergone complete verification for the renewal of a maritime labour certificate, but it is not possible to issue a new certificate before the expiry of the existing maritime labour certificate, the Transport Administration may renew the existing maritime labour certificate for up to five months.

(2) The Transport Administration shall revoke a maritime labour certificate or a work in fishing certificate if:

1) the results of an inspection do not enable to confirm the conformity of the working and living conditions of crew members to the requirements of the Maritime Labour Convention of the International Labour Organization or the Work in Fishing Convention of the International Labour Organization and the Seafarer Employment Act;

2) the operator has not passed an interim inspection on time;

3) the ship exchanges flags;

4) the operator does not assume responsibility for the operation of the ship;

5) the construction or equipment of the ship has been substantially altered.

§ 12. Organisation of technical supervision of ships

(1) For the purposes of this Act, technical supervision of a ship is inspection of the conformity of the ship, shipboard installations and ship’s equipment to the requirements provided for in international conventions and this Act.

(2) Technical supervision consists of the technical survey specified in § 13 of this Act and of sample checks.

(3) Technical supervision of ships registered in Estonia shall be exercised by the Transport Administration. The Transport Administration and a recognised organisation shall exercise technical supervision of ships with a gross tonnage of 500 or more, except for ships that perform state administrative duties, inland vessels, historical ships and non-propelled vessels. At the request of the operator, a recognised organisation may exercise technical supervision also for ships with a gross tonnage of less than 500, and ships that perform state administrative duties, inland vessels, historical ships and non-propelled vessels.

(3¹) The requirements for recognised organisations and the procedure for the exercise of supervision over recognised organisations shall be established by the minister in charge of the policy sector.

(4) The Transport Administration shall not conduct the technical survey necessary for the issue of the seaworthiness certificate or passenger ship certificate or issue respective certificates to a ship to which recognised organisation issues all maritime safety certificates and to which the Transport Administration has issued a safety management certificate.

(5) The technical requirements established regarding recreational craft are applied to ships with an overall length of less than 12 metres, except passenger ships, pilot ships and ships providing port services.

(6) The requirements of technical survey provided for in clauses 2–5 of subsection 4 of § 13 of this Act are not applied to ships with an overall length of less than 7 metres, except passenger ships.

(7) The Estonian Defence Forces exercise technical supervision of ships and recreational craft entered in the register of water craft of the Estonian Defence Forces and Estonian Defence League.

§ 13. Organisation and classification of technical surveys

(1) The technical survey of a ship shall be organised to the extent and during the terms established by international conventions and this Act. Upon the technical survey of a historical ship, the Transport Administration may allow derogations if the safety of the ship is ensured.

(2) The classes of technical survey of passenger ships are as follows:

1) an initial survey which shall be conducted before the ship is put into service;

2) a complete survey which is conducted once in every 12 months upon the issue of certificates or certification of their validity and which includes also an inspection of the underwater hull of the ship;

3) general or partial additional surveys which shall be conducted, depending on the circumstances, after a marine casualty, ship conversion or a change in the intended purpose of the ship or before the registration of the ship in Estonia or as the occasion arises;

4) additional surveys of passenger ferries and high speed passenger craft by the state of call.

(2¹) The classes of additional surveys set out in clause 4 of subsection 2 of this section are as follows:

1) an additional survey carried out before the entry into regular service;

2) an annual additional survey that is carried out twelve months after the last additional survey if the ship is already engaged in regular service;

3) an annual additional survey that is carried out during the regular service;

4) an additional survey that is carried out whenever the ship has undergone substantial modernization or conversion, whenever the operator or the flag of the ship has changed or the ship has been transferred under the supervision of another classification society.

(2²) Additional surveys by a state of call of passenger ferries and high-speed passenger craft engaged in international regular service with entrance in an Estonian port and departure from an Estonian port or engaged in internal regular services outside domestic voyages shall be carried out in cooperation between the Transport Administration and the competent authorities of the state of call and flag state.

(2³) An inspection of the underwater hull in dry dock is conducted in the course of a complete survey of a passenger ship once in every five years unless the rules and standards of a recognised organisation require more frequent inspections in dry dock.

(2⁴) In the case of a passenger ship older than ten years, an inspection of the underwater hull in dry dock is conducted in the course of a complete survey at least twice in every five years, with a maximum interval of 36 months between inspections, unless the rules and standards of the recognised organisation require more frequent inspections in dry dock.

(2⁵) In the case referred to in subsection 2⁴ of this section, at the request of the operator, one of the inspections of the underwater hull of the ship in dry dock may be replaced by an in-water inspection, provided that the following conditions are met:

1) the inspection guidelines of the harmonized system of survey and certification, which have been developed in accordance with the requirements of the relevant IMO resolutions and circulars, have been followed;

2) the rules and standards of a recognised organisation have been followed;

3) it is not a passenger ferry;

4) the ship is not older than 15 years;

5) the Transport Administration has given its consent for such replacement.

(3) The procedure for the conduct of and supervision of additional surveys of passenger ferries and high-speed passenger craft by a state of call and the list of data to be entered in a report on the additional survey shall be established by a regulation of the minister in charge of the policy sector.

(4) The classes of technical surveys of cargo vessels and fishing vessels and other ships are as follows:

1) an initial survey which shall be conducted before the ship is put into service;

2) a complete survey which shall be conducted at least once every five years in connection with the issue of certificates;

3) an interim survey which shall be conducted instead of the second or third annual survey;

4) an annual survey;

5) an inspection of the underwater hull of the ship which is conducted at least twice in every five years, with a maximum interval of 36 months between inspections, unless the rules and standards of the recognised organisation require more frequent inspections;

6) general or partial additional surveys which shall be carried out, depending on the circumstances, after a marine casualty, ship conversion or a change in the intended purpose of the ship or before the registration of the ship in Estonia or as the occasion arises.

(4¹) An inspection of the underwater hull in dry dock is conducted in the course of a complete survey of a cargo vessel and fishing vessel and other ship once in every five years unless the rules and standards of the recognised organisation require more frequent inspections in dry dock.

(4²) In the case of a cargo vessel and fishing vessel and other ship older than ten years, an inspection of the underwater hull in dry dock is conducted in the course of a complete survey at least twice in every five years, with a maximum interval of 36 months between inspections, unless the rules and standards of the recognised organisation require more frequent inspections in dry dock.

(4³) In the case specified in subsection 4² of this section, at the request of the operator, one of the inspections of the underwater hull of the ship in dry dock may be replaced by an in-water inspection, provided that the following conditions are met:

1) the inspection guidelines of the harmonized system of survey and certification, which have been developed in accordance with the requirements of the relevant IMO resolutions and circulars, have been followed;

2) the rules and standards of a recognised organisation have been followed;

3) it is not a tanker or a bulk carrier;

4) the ship is not older than 15 years;

5) the Transport Administration has given its consent for such replacement.

(5) A general or partial additional survey which need not include an inspection in dry dock shall be organised for a ship which has been detained in the course of inspection of the ship in a foreign state on two occasions during the last twelve months, not later than one month after the last detention.

(6) Operators shall ensure that their ships are submitted for technical survey within due term. An operator shall submit an application for the technical survey of a ship in an Estonian port or dock to the Transport Administration at least five working days and, in order to organise a technical survey in a port or dock of a foreign state, at least two weeks before the requested survey.

(7) During the time between surveys, the operator is required to inform the Transport Administration and the classification society conducting the technical supervision of the ship of any damage or failure which is discovered and which affects the seaworthiness of the ship or the worthiness of the ship for navigation on inland waters. If such damage or failure is discovered in a port of a foreign state, the operator shall inform also the competent authority of the foreign state about such damage or failure.

(8) The technical survey of a ship flying the national flag of Estonia shall be conducted in an Estonian port. If the operator applies for the technical survey of a ship staying in a foreign port, the operator shall reimburse the travel expenses of the supervisory officials of the Transport Administration in compliance with the procedure established pursuant to subsection 5 of § 44 of the Civil Service Act.

(9) An operator shall pay a state fee for the technical survey of a ship within ten working days after the day of the survey. The Transport Administration shall not issue the form regarding the main technical data of the ship required for registration in Estonia or the seaworthiness certificate or the inland navigation certificate before the state fee is paid.

(10) The Estonian Defence Forces establish the procedure for technical surveys of and the technical requirements for ships and recreational craft entered in the register of water craft of the Estonian Defence Forces and Estonian Defence League.

§ 14. Submission of technical documentation of ships to Transport Administration

(1) The technical documentation of a ship that is to be registered or has been registered in Estonia and which is to be built or converted shall be submitted to the Transport Administration for approval in accordance with the procedure established pursuant to subsection 3 of this section.

(2) The technical documentation of a ship that has been acquired in a foreign state or a ship subject to charter by demise shall be submitted to the Transport Administration within one month after the registration of the ship in Estonia.

(3) The list of technical documents to be submitted to the Transport Administration and the procedure for submitting the documents shall be established by the minister in charge of the policy sector.

(4) The operator shall pay a state fee for the review and approval of the technical documentation of a ship specified in subsection 1 of this section within ten working days after the review. The Transport Administration shall not issue the decision on approval before payment of the state fee.

§ 15¹. Symbols

In Estonia, the symbols which are approved by the IMO and published on the website of the Transport Administration are applied in order to facilitate the operation of ships and dangerous goods and responding to emergencies.

§ 15². Continuous Synopsis Record

(1) A ship shall carry a certificate called Continuous Synopsis Record in accordance with the requirements and format provided for in the International Convention on the Safety of Life at Sea.

(2) The Transport Administration shall issue the certificate Continuous Synopsis Record on the basis of the information received from the operator.

(3) A state fee shall be paid for the issue of the certificate.

§ 16. Seaworthiness and worthiness of ships for navigation on inland waters

A ship is deemed to be seaworthy or to be worthy for navigation on inland waters if it is designed, built, equipped, supplied, manned and loaded pursuant to the requirements for safe navigation at sea and good seamanship or for safe navigation on inland waters and if the technical condition of the ship conforms to the requirements for maritime safety which, when adhered to, help to prevent marine casualties, danger to human life and pollution of the marine environment or inland waters.

§ 17. Seaworthiness certificate and inland navigation certificate

(1) A seaworthiness certificate and an inland navigation certificate are documents which certify that a technical survey of a ship has been conducted pursuant to subsection 4 of § 13 of this Act and that the ship has been declared seaworthy or worthy for navigation on inland waters pursuant to this Act and that the ship also conforms to other requirements provided for in this Act.

(2) A seaworthiness certificate or an inland navigation certificate shall be issued for a period of five years if a ship has passed the initial survey or a complete survey.

(2¹) A seaworthiness certificate or an inland navigation certificate shall not be issued for a ship with an overall length of less than 12 metres. A technical survey report shall be issued for a ship with an overall length of less than 12 metres if the ship has passed an annual survey.

(3) The list of the data to be entered in seaworthiness certificates and inland navigation certificates shall be established by a regulation of the minister in charge of the policy sector.

(4) The Transport Administration may endorse the validity of a seaworthiness certificate or passenger ship certificate issued for a ship on the basis of certificates issued or endorsed as a result of a survey carried out by a recognised organisation provided that the ship has not been detained on the basis of the results of technical surveys or port state control of the ship conducted during the three preceding years, and that no port state control report contains over five deficiencies.

(5) The provisions of subsection 4 of this section do not apply to a general additional survey organised for the entry of a ship in a register.

(6) The Transport Administration shall not issue a seaworthiness certificate concerning a ship if the Transport Administration, in compliance with subsections 1 and 2 of § 3 of this Act, has issued all the certificates prescribed by the International Convention on the Safety of Life at Sea concerning the ship or has issued a fishing vessel certificate of compliance to a fishing vessel according to subsection 4 of § 19 of this Act.

(7) It is prohibited to use a ship for navigation at sea or on inland waters if the ship does not have a seaworthiness certificate or an inland navigation certificate, unless no seaworthiness certificate or inland navigation certificate is required pursuant to this Act.

(8) If an operator needs to leave a port in order to prepare a ship for a technical survey or repair it in another port, conduct at-sea tests or due to other similar circumstances, and the ship does not have the required maritime safety certificates, the Transport Administration shall, on the basis of a written application of the operator, issue a single voyage permit to the ship if the seaworthiness of the ship allows this.

(9) A state fee shall be paid for the issue of a single voyage permit.

(10) The Estonian Defence Forces establish the procedure for certifying the seaworthiness and worthiness of ships and recreational craft entered in the register of water craft of the Estonian Defence Forces and Estonian Defence League for navigation on inland waters.

§ 17². Passenger ship certificate, inland waterway passenger ship certificate and special stability requirements

(1) A passenger ship flying the national flag of Estonia shall have a passenger ship certificate or an inland waterway passenger ship certificate which certifies that a technical survey of the ship has been conducted pursuant to subsection 2 of § 13 of this Act and that the ship has been declared fit to carry passengers pursuant at sea or on inland waters and complies with the requirements provided for in this Act.

(2) If the Transport Administration issues a passenger ship safety certificate for the ship as prescribed by the International Convention on the Safety of Life at Sea or a passenger ship safety certificate or a historical ship certificate for a ship engaged in domestic voyages, it shall not issue a passenger ship certificate for the given passenger ship.

(3) Passenger ships flying a foreign flag and entering an Estonian port shall have a maritime safety certificate indicating the maximum authorised number of passengers.

(4) A passenger ship shall not take more passengers on board than specified in its passenger ship certificate or passenger ship safety certificate or, in the case of a ship flying a foreign flag, in other certificate certifying maritime safety.

(5) The issuer of the certificate shall make a notation regarding compliance with the special stability requirements in the passenger ship certificate of a passenger ferry or in the passenger ship safety certificate. This requirement shall apply also to ships flying a foreign flag.

(6) The special stability requirements of passenger ferries shall be established by a regulation of the minister in charge of the policy sector.

(7) The list of data to be entered in the passenger ship certificate and inland waterway passenger ship certificate shall be established by a regulation of the minister in charge of the policy sector.

§ 17³. Historical ship certificate

(1) The Transport Administration shall issue a historical ship certificate to a historical ship at the request of the operator to certify that a technical survey has been conducted for the ship pursuant to subsection 1 of § 13 of this Act and that the ship has been declared seaworthy or worthy for navigation on inland waters and that the ship complies with the requirements provided for in this Act.

(2) A historical ship certificate shall be issued for up to five years.

(3) If a historical ship certificate has been issued for a ship, it is not necessary to issue a seaworthiness certificate, inland navigation certificate or passenger ship certificate for such ship for engaging in domestic voyages.

(4) The list of data to be entered in a historical ship certificate shall be established by a regulation of the minister in charge of the policy sector.

§ 17⁴. Use of ship as training vessel

(1) A respective entry shall be made in the maritime safety certificate of a ship used as a training vessel at the request of a maritime educational institution.

(2) During the time of training activities, the ship used as a training vessel shall not engage in other economic activities which are not directly related to training activities.

§ 18. Revocation, expiry and suspension of maritime safety certificates, seaworthiness certificates, inland navigation certificates, passenger ship certificates, inland waterway passenger ship certificates and historical ship certificates

(1) The Transport Administration shall revoke a maritime safety certificate, seaworthiness certificate, inland navigation certificate, passenger ship certificate, inland waterway passenger ship certificate or historical ship certificate if:

1) the structure of the ship or its shipboard installations are changed to such an extent that the seaworthiness of the ship, its worthiness for navigation on inland waters or its worthiness for carrying passengers is reduced;

2) the ship or its shipboard installations are damaged in such a manner that the seaworthiness of the ship, its worthiness for navigation on inland waters or its worthiness for carrying passengers is reduced and if the damage is not eliminated in the manner prescribed by the Transport Administration or by a recognised organisation.

(2) The maritime safety certificate, seaworthiness certificate, inland navigation certificate, passenger ship certificate, inland waterway passenger ship certificate or historical ship certificate of a ship becomes invalid if:

2) the technical survey prescribed by this Act has not been conducted with regard to the ship;

3) the ship is deleted from an Estonian register;

4) the ship has been detained in a foreign state on two occasions during the last twelve months pursuant to the procedure provided for in the Paris Memorandum of Understanding on Port State Control (hereinafter Paris MOU) of 26 January 1982 including the valid amendments, and the ship has not undergone the general or partial additional survey one month after the last detention according to subsection 5 of § 13 of this Act.

(3) The Transport Administration suspends a maritime safety certificate, seaworthiness certificate, inland navigation certificate, passenger ship certificate, inland waterway passenger ship certificate or historical ship certificate if the ship is stranded or touches the bottom, unless touching the bottom is allowed by the port rules or touching the bottom is customary in the port due to natural conditions.

(4) If the operator proves that the grounds for suspension of the certificate specified in subsection 3 of this section have been removed, the Transport Administration reinstates the validity of the certificate. Where necessary, the Transport Administration checks the compliance of the ship with the relevant requirements before reinstating the validity of the certificate.

§ 19. Requirements for design, building, equipping and repair of ships

(1) Ships shall be designed, built, equipped and repaired in accordance with the requirements of this Act and international conventions and rules of classification societies.

(2) The Transport Administration shall exercise state supervision and a recognised organisation shall exercise supervision over the design, building, equipping and repair of ships.

(3) The Transport Administration may refrain from applying or apply partially the provisions of Chapters 3, 4, 5, 7 and 10 of this Act if the safety of a ship is ensured. The Transport Administration shall make such exception based on the stability, structure, navigation area and the specific hydrometeorological conditions of the navigation area of the ship.

(4) The navigation areas and the list of data to be entered in the document of compliance, exemption certificates and list of equipment for fishing vessels of 24 metres in length or above shall be established by a regulation of the minister in charge of the policy sector.

(5) The minister in charge of the policy sector shall establish, by a regulation, safety requirements for:

1) fishing vessels with an overall length of 12 metres and above;

2) passenger ships with a length of less than 24 metres;

3) cargo vessels with the gross tonnage of less than 500;

4) ships not specified in clauses 1–3 of this subsection as far as they are not provided for in any legislation established pursuant to subsections 4 and 6 of this section or other legislation or in an international convention.

(6) The safety requirements of passenger ships engaged in domestic voyages, classes of passenger ships, their navigation areas and the list of data to be entered in their safety certificates shall be established by a regulation of the minister in charge of the policy sector.

(8) Subsection 4 and clause 1 of subsection 5 of this section also apply to fishing vessels flying a foreign flag and fishing in the territorial sea and internal sea and on inland waters of Estonia, and unloading the caught fish in an Estonian port.

(9) Subsection 6 of this section also applies to ships flying a foreign flag.

§ 19¹. Requirements for installation and placing on market of safety equipment of ships

(1) Only safety equipment of ships which conform to the requirements of this Act and the conformity of which is attested pursuant to the procedure prescribed by legislation established pursuant to subsection 3 of this section may be placed on the market or installed on board a ship. Subsection 3 of this section is applied with regard to the equipment of a ship that has been entered or is to be entered in the register in Estonia and is within the scope of regulation of international conventions.

(3) Requirements for the safety equipment of ships, the procedure for attestation of the conformity of the safety equipment and for the affixing of markings thereto, the format of conformity marks, the procedure for the testing of the safety equipment and installation of equipment on ships and the list of data to be entered in the certificates concerning the safety equipment of ships and the procedure for the issue thereof shall be established by the minister in charge of the policy sector.

(4) After installation of safety equipment on board a ship, the Transport Administration or a recognised organisation may assess the equipment if international legislation requires testing of the safety equipment on board the ship in order to ensure safety or prevent pollution provided that the tests performed in the course of conformity assessment procedures are not repeated.

(5) The Transport Administration or a recognised organisation may permit installation of safety equipment with specific technical innovations in the case of which the procedure for attestation of the conformity has not been complied with on board a ship if it has been attested by a test or in any other manner which satisfies the Transport Administration or the recognised organisation that such equipment is as effective as the equipment the conformity of which has been attested pursuant to the prescribed procedure.

(6) The Transport Administration or a recognised organisation may permit that additional safety equipment which does not conform to the requirements of international and domestic legislation and does not replace the equipment which conforms to such requirements and regarding which the Transport Administration or the recognised organisation has issued a corresponding certificate be temporarily installed on board a ship for testing or assessment.

(7) If the safety equipment of a ship has to be replaced outside the ports of Estonia or Member States of the European Union and, due to exceptional circumstances, the safety equipment the conformity of which has been attested pursuant to this Act cannot be installed on board the ship within a reasonable time period or at a reasonable price, other equipment may be installed on board the ship taking account of the following prerequisites:

1) documents which are equivalent to those issued by a notified body must have been issued regarding the safety equipment of the ship provided that an agreement on the mutual recognition of the specified bodies has been entered into between the European Union and the state involved;

2) if the requirement specified in clause 1 of this subsection cannot be complied with, documents issued by a Member State of the IMO that is a state party to the relevant Conventions and concern conformity of the equipment to the relevant IMO requirements must have been issued regarding the safety equipment of the ship.

(8) An operator shall promptly inform the Transport Administration or a recognised organisation of safety equipment replaced due to exceptional circumstances according to subsection 7 of this section, the reasons for replacement of the safety equipment and the technical data relating to the safety equipment. The Transport Administration or the recognised organisation shall inspect the ship during a survey as regards conformity of the safety equipment installed on the ship due to exceptional circumstances and documents relating to the testing of the equipment to the requirements of international and domestic legislation.

§ 19². Notified body

(1) For the purposes of this Chapter, a notified body is a conformity assessment authority that has the right to conduct conformity assessment procedures which are necessary to attest the conformity of the safety equipment of a ship.

(2) The provisions of the Product Conformity Act apply to notified bodies, including the issue of activity licence to a notified body, to the revocation or suspension of such licence, and to the operation as a notified body and the exercise of supervision over a notified body.

§ 20. Professional training of seafarers

(1) The Government of the Republic shall establish the requirements for the training and qualification of crew members, the procedure for the certification of crew members, including the procedure for the issue of certificates of competency, professional certificates and endorsements, the list of data to be entered in the documents that are issued and the procedure for the recognition of certificates of competency, professional certificates and other certificates issued to crew members.

(2) The requirements for the training and qualification of crew members of inland vessels, the procedure for the certification of crew members of inland vessels and the list of data to be entered in the certificates of competency and professional certificates of crew members of inland vessels shall be established by the minister in charge of the policy sector.

(3) A maritime educational institution shall have an audited quality system which conforms to the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.

(3¹) The quality system is presumed to conform to the requirements if creation of the system is based on the standard EVS-EN ISO 9001 or the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, and the quality system has been duly certified. The leader of the quality system audit team or the engaged expert shall have the ship’s officer qualification and shall be familiar with the legislation of the respective area.

(3²) The area of use of the quality system shall include the field of formal education (vocational education and higher education) and refresher and updating training for crew members the purpose of which is the award of qualifications provided for in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and the International Convention on the Safety of Life at Sea or the acquisition or assessment of knowledge and skills provided for in said Conventions.

(3³) A maritime educational institution which engages in the formal education (vocational education and higher education) and refresher and updating training for crew members, the purpose of which is the award of qualifications not provided for in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and the International Convention on the Safety of Life at Sea or the acquisition of knowledge and skills not provided for in said Conventions need not have a quality system.

(4) A maritime educational institution shall submit a report concerning the external audit of the quality system to the Transport Administration within one month after the conduct of the external audit. The first independent external audit of the quality system shall be conducted within three months after the beginning of training activities or assessment of knowledge and skills.

(5¹) The Transport Administration shall issue a certificate of competency or professional certificate to:

1) a person who has undergone training and seagoing practice pursuant to the legislation established under subsection 1 of this section and has acquired the relevant profession at a maritime educational institution that is operating or has operated in Estonia;

2) a citizen of Estonia or a foreigner or stateless person who has a residence permit or right of residence in Estonia, or a person who has a valid an electronic identity card of an e-resident, and who has undergone training and seagoing practice pursuant to legislation established under subsection 1 of this section and has acquired the relevant profession at a maritime educational institution that is operating or has operated in a foreign state whose organisation of the training of seafarers is recognised by the IMO and the European Union.

(5²) A maritime educational institution shall form an examination board to administer exams on completion of the study programme of formal education (vocational education and higher education) and refresher and updating training of the maritime educational institution at student level.

(5³) An applicant for a certificate of competency must have acquired the professional qualification of the corresponding level and higher education, upon acquisition whereof the applicant has acquired the knowledge, understanding, experience and competence required to work in the chosen position and which complies with Regulation II/2 or III/2 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, and the curriculum approved by the Transport Administration, in order to receive the following certificates of competency:

1) a certificate of competency as a chief mate of a ship with a gross tonnage of less than 3000;

2) a certificate of competency as a master of a ship with a gross tonnage of less than 3000;

3) a certificate of competency as a chief mate of a ship with a gross tonnage of 3000 or more;

4) a certificate of competency as a master of a ship with a gross tonnage of 3000 or more;

5) a certificate of competency as a second engineer officer of a motor ship with a propulsion power of less than 3000 kW;

6) a certificate of competency as a chief engineer of a motor ship with a propulsion power of less than 3000 kW;

7) a certificate of competency as a second engineer officer of a motor ship with a propulsion power of 3000 kW and more;

8) a certificate of competency as a chief engineer of a motor ship with a propulsion power of 3000 kW and more.

(5⁵) The requirements for the training and evaluation of operators and crew of salvage boats shall be established by the minister in charge of the policy sector.

(5⁶) The Transport Administration shall assess the knowledge and skills of crew members in the following cases:

1) in case a certificate of competency or professional certificate of an officer of a ship is replaced for a certificate of higher professional qualification;

2) upon the issue of the first certificate of competency or professional certificate if more than five years have passed since the graduation from a maritime educational institution;

3) upon the issue of a certificate of competency or professional certificate to a graduate from a naval educational institution;

3¹) while applying for an equivalent Estonian certificate of competency on the basis of a certificate of competency issued abroad in compliance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, taking into account the provisions of subsection 6¹ of this section;

4) in other cases set out in the law or in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.

(5⁷) The Transport Administration may, on the basis of a reasoned written application of the operator, issue a dispensation to the holder of an Estonian certificate of competency or professional certificate, save a radio communication specialist, for up to six months for working on a specific ship in a position that is one rank higher than the position corresponding to the certificate. A dispensation for working as a master or as a chief engineer is issued only in the event of force majeure and for as short period as possible.

(5⁸) An applicant for a certificate of competency or professional certificate shall have acquired the professional qualifications of the corresponding level and secondary education in order to receive the following certificates of competency and professional certificates:

1) a certificate of competency as a watch officer of a ship with a gross tonnage of 500 or more;

2) a certificate of competency as a duty engineer with a propulsion power of 750 kW and more;

3) a certificate of competency as an electro-technical officer of a ship;

4) a certificate of competency as a refrigeration engineer of a ship;

5) a certificate of competency as a second-class radioelectronic;

6) a certificate of competency as a first-class radioelectronic;

7) a certificate of competency as a ship security officer.

(5⁹) Seagoing practice completed in accordance with the requirements established on the basis of subsection 1 of this section is recognized as seagoing practice required for applying for an Estonian certificate of competency or professional certificate of a higher level of professional qualification.

(6) The Transport Administration shall recognise the certificates of competency, professional certificates, endorsements, health certificates and other certificates that have been duly issued by a Member State of the European Union or a state which is a contracting party to the EEA Agreement.

(6¹) In the case of a qualification obtained abroad, the Transport Administration assesses whether the scope of the curriculum and duration of the period of study of the foreign maritime educational institution comply with the requirements established on the basis of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and on the basis of subsection 1 of this section. Where the content and scope of the curriculum or seagoing practice or other practice are not equivalent, the applicant for an Estonian certificate of competency or professional certificate must undergo professional refresher training or seagoing practice or other practice in the missing areas and submit a document certifying the completion of the relevant training or practice to the Transport Administration.

(7) A state fee is paid for registration for and administration of a professional examination for a crew member and for the issue of a certificate of competency and professional certificate, certificate of completion of refresher and updating training and dispensation of a crew member, and a certificate of a deck officer of an inland vessel.

§ 21. General requirements for manning of ship

(1) The operator shall ensure that the ship is manned with specialists who conform to the qualification requirements established with regard to crew members, who hold certificates of competency and professional certificates according to the requirements and who have been entered in the crew list.

(2) A person who has received appropriate training and who has been issued a relevant certificate of competency, professional certificate or other certificates in the cases prescribed by legislation may work as a crew member in the corresponding position. A certificate of a skipper of a recreational craft is sufficient for navigating a ship with an overall length of less than 12 metres, except a passenger ship.

(3) A certificate of competency or professional certificate as a ship’s officer shall include an endorsement issued by the Transport Administration which gives the holder thereof the right to work in the position indicated in the endorsement. An endorsement is not required for a ship’s officer working on a ship with a gross tonnage of less than 200 which is engaged in domestic voyages, except a passenger ship.

(4) The minimum crew is the smallest number of specialists necessary for a ship to be used safely.

(5) The requirements for determination of the minimum crew for passenger ships and for ships with a gross tonnage of 20 or more shall be established by the minister in charge of the policy sector.

(5¹) The requirements for determination of the minimum crew for inland vessels shall be established by the minister in charge of the policy sector.

(6) The minimum crew of a passenger ship shall ensure the safety and evacuation of passengers as necessary.

(7) The endorsement to a certificate of competency or professional certificate of a ship’s officer may be suspended or revoked upon commission of an act which poses a direct threat to navigation.

(8) The endorsement to a certificate of competency or professional certificate is revoked if, in order to be granted the endorsement, the person has submitted a document which is falsified, obtained by fraudulent means or contains false information which was of material importance upon issue of the endorsement, while being aware of the false information. In such case, issue of a new endorsement to the person shall be suspended for one year.

(9) Endorsements to certificates of competency and professional certificates shall be suspended or revoked by the Transport Administration. The validity of endorsements to certificates of competency or professional certificates may be suspended for up to three years.

(10) The procedure for the suspension and revocation of endorsements to certificates of competency or professional certificates of ship’s officers shall be established by the minister in charge of the policy sector.

(11) The certificates of competency and professional certificates certifying the qualifications of crew members shall be kept available in their original form on board the ship on which the holders are serving.

(12) A state fee shall be paid for the issue of an endorsement to a certificate of competency or professional certificate and for an endorsement to a certificate of a deck officer of an inland vessel.

§ 21¹. Validity of documents certifying qualification and service record books issued abroad to crew members of inland waterway vessels

(1) The following documents are valid for serving on board inland waterway vessels:

1) Certificates of qualification and service record books issued to persons by competent authorities of a Member State of the European Union in accordance with Directive (EU) 2017/2397 of the European Parliament and of the Council on the recognition of professional qualifications in inland navigation and repealing Council Directives 91/672/EEC and 96/50/EC (OJ L 345, 27.12.2017, pp 53–86), and the certificates specified in Article 38 of the same directive;

2) certificates of qualification and service record books issued to persons by third countries, if such countries are included in the list of the third countries prepared by the European Commission, whose certificates of qualification are recognised by the Member States of the European Union.

(2) The Transport Administration cooperates with the competent authorities of other Member States of the European Union in order to ensure that navigation time and journeys for holders of certificates of qualification and service record books are recorded, if a holder of a service record book requests the recording, and are validated for a period of up to 15 months before the request for validation.

(3) Upon commission of an act which poses a direct threat to navigation or in case the Transport Administration finds that a certificate of qualification issued by a competent authority of a Member State of the European Union does not meet the conditions provided in Directive (EU) 2017/2397 of the European Parliament and of the Council, the Transport Administration submits a reasoned request to the authority that issued the certificate for suspending the validity of the certificate. The Transport Administration notifies the European Commission and the holder of the certificate of qualification about submission of such request.

(4) The holder of the certificate of qualification is prohibited to serve on board an inland waterway vessel during the time when the request specified in subsection 3 of this section is under review.

(5) The certificates specified in clause 1 of subsection 1 of this section are not required from persons:

1) navigating the vessel for competitive sports or training or for pleasure;

2) serving on board a non-propelled vessel;

3) serving on board a warship or other ship performing state administrative duties;

4) serving on board a vessel making only limited journeys of local interest, where the distance from the departure point is at no time more than ten kilometres; or

5) who have been navigating the vessel only seasonally for up to six months during the previous calendar year or the current calendar year.

§ 22. Minimum safe manning certificate

(1) A minimum safe manning certificate of a ship is a document pursuant to which the minimum crew of the ship is established.

(2) The list of data to be entered in minimum safe manning certificates shall be established by the minister in charge of the policy sector.

(3) The Transport Administration issues a minimum safe manning certificate of a ship if the proposal submitted by the operator for determining the minimum crew of the ship complies with the requirements for such determination and is sufficient in all circumstances for a ship to be used safely and for the protection of the marine environment.

(3¹) The Transport Administration issues a minimum safe manning certificate of a ship for up to five years.

(4) The Transport Administration revokes a minimum safe manning certificate in the following cases:

1) the condition of the technical equipment of the ship does not ensure safety with the minimum crew;

2) the operator has failed to submit an application for changing the minimum crew where it is required pursuant to the requirements established on the basis of subsection 5 or 5¹ of § 21 of this Act.

(5) A state fee shall be paid for the review of an application for a minimum safe manning certificate.

(6) This section applies also to inland vessels.

§ 23. Violation of requirements for minimum safe manning certificate

(1) A ship is prohibited from leaving the port if a minimum crew has been established for the ship by a minimum safe manning certificate but the number of crew members is smaller than prescribed thereby or if the composition of the crew does not comply with the minimum requirements established for the safe manning of the ship. This requirement does not apply if the ship has been permitted to leave by the competent authority of the flag state of the ship.

(2) The provisions of this section also apply to ships flying a foreign flag.

§ 24. Preparation of crew for voyage

(1) The master shall ensure that the crew members have become familiar with the ship and have the necessary knowledge concerning the construction of the ship, safety requirements and their duties in an emergency.

(2) In the event of a change of masters, the operator shall ensure that the master assuming command of the ship has sufficient time, and not less than six hours, to become familiar with the ship. When the master is ready to assume command of the ship, he or she shall make an entry concerning assumption of command in the logbook of the ship.

§ 24¹. Working language on board ship

(1) The operator shall determine the working language or languages on board ship to ensure communication among crew members.

(2) The documents concerning the safety and security of a ship must be in the working language on board ship. If the working language on board ship is not Estonian, English or Russian, the documents concerning the safety and security of the ship shall be translated into Estonian or English, considering the requirements for translation of the ship’s documents provided for in international conventions.

§ 25. Continuation of voyage under exceptional circumstances

(1) If a ship is not manned pursuant to the minimum safe manning certificate, the master has the right to make a decision to continue a voyage under exceptional circumstances in the following cases:

1) the sudden illness or death of a crew member;

2) other unforeseeable circumstances if one or several members of the crew cannot be engaged in ship work.

(2) If a master decides to continue a voyage with an incomplete crew, he or she must be convinced that maritime safety is ensured by the crew members who are able to work.

(3) The duration of a voyage with an incomplete crew shall not be longer than is necessary for the ship to reach the nearest port where the ship can be additionally manned.

§ 26. State of health and medical examination of persons wishing to enter into seafarer’s contract of employment, crew members and persons who commence studies or study at maritime educational institutions

(1) Students at a maritime educational institution in the formal educational system, while studying, and crew members, during employment, shall regularly undergo a medical examination to establish their state of health and suitability for work on board a ship (hereinafter regular medical examination).

(2) Persons who commence studies at a maritime educational institution in the formal educational system shall, before commencing studies, undergo a medical examination to establish their state of health and suitability for learning a speciality upon acquisition of which they commence work on board a ship (hereinafter prior medical examination).

(2¹) A person who commences studies or studies a speciality which does not presume working on board a ship need not undergo a prior medical examination or a regular medical examination.

(3) Persons wishing to enter into a seafarer’s contract of employment shall, before entry into the seafarer’s contract of employment, undergo a prior medical examination to establish their state of health and suitability for work on board a ship.

(4) The prior medical examination of persons who commence studies at a maritime educational institution in the formal educational system and persons wishing to enter into a seafarer’s contract of employment and the regular medical examination of crew members and students at a maritime educational institution in the formal educational system shall be conducted by medical practitioners approved by the Health Board for the conduct of medical examination.

(5) A medical examination shall be paid for as follows:

1) the expenses for the conduct of a medical examination of persons wishing to enter into a seafarer’s employment agreement, and medical examination of crew members shall be covered pursuant to the procedure provided for in subsection 5 of § 32 of the Seafarers Employment Act;

2) a medical examination of persons who commence studies at a maritime educational institution in the formal educational system shall be paid for by the persons who commence studies;

3) a medical examination of students at a maritime educational institution in the formal educational system shall be paid for by the maritime educational institution.

(6) The state of health of persons wishing to enter into a seafarer’s contract of employment, crew members, persons who commence studies at a maritime educational institution in the formal educational system and students at a maritime educational institution in the formal educational system shall conform to the requirements established for the state of health. Conformity with the requirements established for the state of health is certified by a health certificate issued by an approved medical practitioner.

(6¹) Compliance with the requirements for the state of health of persons wishing to enter into a seafarer’s contract of employment, crew members, persons who commence studies at a maritime educational institution in the formal educational system and students at a maritime educational institution in the formal educational system is also certified by a health certificate issued in a Member State of the European Union or a state which is a contracting party to the EEA Agreement in accordance with the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.

(7) The requirements for the state of health, the procedure for the medical examination and the format of health certificates of persons wishing to enter into a seafarer’s contract of employment, crew members, persons who commence studies at a maritime educational institution in the formal educational system and students at a maritime educational institution in the formal educational system shall be established by the Government of the Republic.

§ 26¹. Approval of person who conducts medical examination, and obligation of health care provider to have quality system

(1) The Health Board shall approve the following medical practitioners as persons who conduct medical examination:

1) persons who are registered as doctors in the health administration information system and with regard to whom a specialty of specialised medical care has been entered in the register;

2) persons who have completed a 18-hour or 30-hour training in maritime medicine for persons who conduct medical examination which is organised by the Ministry of Social Affairs or an authority in its area of government or conducted by the University of Tartu, and the 18-hour training grants the medical practitioner the competence to examine the health of crew members of ships engaged in domestic voyages and inland vessels, and the 30-hour training grants the medical practitioner the competence to examine the health of crew members of vessels of all navigation areas and persons who commence studies and students at a maritime educational institution in the formal educational system.

3) persons who work for a health care provider that complies with the requirements set out in subsections 5¹–5³ of this section.

(2) The requirements for training in maritime medicine for persons who conduct medical examination shall be established by the minister in charge of the policy sector.

(3) In order to apply for approval, a medical practitioner shall submit the following documents to the Health Board:

1) an application for approval as person who conducts a medical examination which sets out the given name, surname, personal identification code, place of employment and contact details;

2) a copy of the certificate certifying completion of the training specified in clause 2 of subsection 1 of this section.

(4) The Health Board shall, within twenty working days after receipt of the documents specified in subsection 3 of this section, make an approval decision for an unspecified term which confirms the compliance of the medical practitioner with the requirements provided for in subsection 1 and the right to conduct the medical examination of crew member of ships engaged in domestic voyages and inland vessels or crew members of vessels of all navigation areas and persons who commence studies and students at a maritime educational institution in the formal educational system. The approval decision shall be communicated to the medical practitioner within ten working days after making the approval decision.

(5) The Health Board shall make a decision to refuse the approval of a medical practitioner within twenty working days after receipt of the documents specified in subsection 3 of this section if:

1) the medical practitioner does not comply with the requirements provided for in subsection 1 of this section;

2) the medical practitioner knowingly submitted false information.

(5¹) The health care provider shall have a quality system which conforms, in addition to the requirements established under clause 7 of subsection 1 of § 56 of the Health Services Organisation Act, also to the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, unless the health care provider engages only in the medical examination of the crew members of ships engaged in domestic voyages and inland vessels.

(5²) The area of application of the quality system shall include the area of the medical examination of persons who commence studies or study at a maritime educational institution in the formal education system for crew members in international shipping and short sea shipping in order to acquire the qualification specified in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.

(5³) The health care provider shall ensure independent evaluation of compliance of the quality system at up to five-year intervals. The health care provider shall submit the evaluation report to the Transport Administration within one month after the evaluation.

(6) The Health Board shall revoke a decision to approve a medical practitioner if the medical practitioner:

1) does not comply with the requirements provided for in clause 1 of subsection 1 of this section;

2) knowingly submitted false information;

3) has failed to issue a health certificate specified in subsection 6 of § 26 of this Act within three years;

4) has repeatedly violated the requirements of the procedure for the medical examination provided by legislation established pursuant to subsection 7 of § 26 of this Act;

5) works for a health care provider that does not have a quality system which conforms to requirements.

(7) A decision to refuse approval or a decision to revoke an approval decision together with the reasons shall be communicated to a medical practitioner within ten working days after making the decision.

(8) A list of approved medical practitioners together with their contact details shall be published on the webpage of the Health Board.

§ 26². Resolution of disputes concerning medical examination

A person who does not agree with a decision of medical examination may submit an application to the health care provider, for whom the medical practitioner who made the decision on the medical examination works. The health care provider shall involve an independent expert in the resolution of the application, and shall give an opinion on the health services within one month after the submission of the application.

§ 27. State of health and medical examination of divers

(1) Divers shall undergo a medical examination to establish their state of health and suitability for work as a diver. The state of health of a diver shall comply with the requirements set for the state of health of divers and shall be certified by a health certificate issued by a medical practitioner to this effect.

(2) The requirements for the state of health of divers, a list of health examinations included in the prior and regular medical examinations, the extent and frequency of the medical examinations and the procedure for the issue of health certificates shall be established by the Government of the Republic.

§ 28. First aid and medical care training for crew members

(1) One or several crew members who have undergone first aid and medical care training in compliance with the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers shall be assigned to provide first aid and medical care on board a ship.

(2) Other crew members shall receive the appropriate first aid and medical care training necessary for their position.

(3) The study programmes, the extent of training and the qualification requirements for training providers for the first aid and medical care training of crew members shall be established by the minister in charge of the policy sector on the basis of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.

§ 29. Register of seafarers

(1) The purpose of the register of seafarers is the electronic storage, systematisation, and exchange among relevant authorities of documents of crew members, pilots, vessel traffic management system and documents certifying the qualification of radiocommunication operators and the data on application for pilot exemption certificates and the data on the basis of which such certificates are issued, and the decisions made, as well as exercising supervision based on these data.

(2) The Transport Administration is the controller of the register of seafarers.

(3) The controller may, for the purpose of achieving the objective of maintenance of the register of seafarers, process personal data gathered in other databases pursuant to other Acts, including health data and biometric data in justified cases, or take biometric data from persons on its own and process these data. Biometric data for the purposes of this Act are the facial image, signature and signature image.

(4) The specified composition of data to be entered in the register of seafarers and the term for preservation of such data shall be provided for in the statutes of the register of seafarers.

(5) The statutes of the register of seafarers shall be established by a regulation of the minister in charge of the policy sector.

§ 30. Watchkeeping arrangements

(1) Watchkeeping shall be arranged on a ship to ensure the safety and security of the ship while under way, anchored, berthed or in dry dock. If it is not possible to arrange watchkeeping according to the procedure established pursuant to subsection 3 of this section while the ship is in dry dock due to the lack of premises necessary for watchkeeping or due to any other circumstances, the operator or the master of the ship shall arrange watchkeeping in such manner as to ensure the safety and security of the ship.

(2) No crew member shall be intoxicated while performing the watchkeeping duty. A crew member is deemed to be intoxicated if the alcohol content in the blood of the crew member is at least 0.5 milligrams or more per gram of blood or if the alcohol content in the breath exhaled by the crew member is 0.25 milligrams or more per litre of breath. The operator or the employer has the right to establish a lower permitted alcohol content rate or prohibit the use of alcohol by the internal rules.

(3) The watchkeeping procedure on ships shall be established by the minister in charge of the policy sector.

(4) Watchkeeping on a ship shall be arranged by the master of the ship.

(5) If a ship is not in use, the master or operator shall coordinate the watchkeeping arrangements on the ship with the harbour master.

(6) At least a logbook shall be kept on ships with a gross tonnage of 20–150. A logbook, engine logbook and radio logbook shall be kept on ships with a gross tonnage of 150 or more.

(7) The procedure for keeping logbooks, engine logbooks and radio logbooks and the recommended formats thereof shall be established by the minister in charge of the policy sector.

§ 31. List of persons on board passenger ship

(1) An operator shall ensure that persons on board a passenger ship shall be entered in an appropriate list which shall be forwarded to the Electronic Maritime Document Exchange specified in § 75¹ of this Act before the passenger ship leaves the port. The list need not be prepared for a voyage of less than 20 nautical miles and for passenger ships navigating in the inland waters of Estonia.

(2) The operator shall establish the procedure for compiling a list of persons on board a passenger ship and for forwarding it in an accurate and timely manner to the Electronic Maritime Document Exchange.

(5) The operator shall ensure that the number of persons on board a passenger ship and the information regarding the persons who have given notice of a need for special care or assistance in an emergency shall be communicated to the master and forwarded to the Electronic Maritime Document Exchange before the ship leaves the port. The master is required to enter the number of persons on board the ship in the logbook of the ship and to inform the harbour master of the number of persons before the ship leaves the port.

(7) The list of data to be entered in the list of persons on board a passenger ship and the principles for preparing the list shall be established by a regulation of the minister in charge of the policy sector.

(8) This section shall apply also to operators operating ships flying a foreign flag.

§ 31¹. Exemption from obligation to compile list of persons on board passenger ship

(1) At the request of an operator, the Transport Administration may exempt a passenger ship sailing only between two ports in sea area D or undertaking voyages in such sea area that start and end in the same port without intermediate calls to another port, from the obligation set out in subsection 1 of § 31 of this Act. Sea area D is defined in the regulation established on the basis of subsection 7 of § 32 of this Act.

(2) At the request of an operator, the Transport Administration may exempt a passenger ship which is not a high-speed passenger craft and operates on regular services of less than one hour in sea area D from the obligation to forward information regarding persons on board the passenger ship to the Electronic Maritime Document Exchange.

(3) The Transport Administration shall immediately inform the European Commission of an exemption granted under subsections 1 and 2 of this section, giving reasons for granting the exemption, via the database set up and administered by the European Commission.

(4) If regular service is provided in an area where the annual probability of the significant wave height’s exceeding two meters is less than 10%, and if the voyage does not exceed 30 nautical miles from the point of departure or where the primary purpose of the service is to provide regular links to outlying communities for customary purposes, the Transport Administration may, at the request of an operator, request the European Commission to derogate, wholly or partly, from the obligation set out in subsection 1 of § 31 of this Act.

§ 35. Placing on market and putting into service of recreational craft, partly completed recreational craft and components of recreational craft

(1) Components of recreational craft and components placed on the market and installed on recreational craft separately, as specified in subsection 4 of this section, may be placed on the market and put into service if they conform to the requirements of this Act and legislation established on the basis thereof and the conformity is attested pursuant to the prescribed procedure.

(2) Partly completed recreational craft may be placed on the market if the craft conforms to the requirements applicable to recreational craft and the manufacturer of the craft, the authorised representative of the manufacturer or a person who is responsible for placing the partly completed recreational craft on the market declares that the partly completed recreational craft is to be completed by a third party.

(4) The following are deemed to be components of recreational craft:

1) ignition-protected equipment for inboard and stern drive petrol engines and petrol tank spaces;

2) start-in-gear protection devices for outboard engines;

3) steering wheels, steering mechanisms and cable assemblies;

4) fuel tanks intended for fixed installations and fuel hoses;

5) prefabricated hatches and port lights.

(5) Recreational craft, partly completed recreational craft and components of recreational craft that do not conform to the requirements of this Act may be presented at trade fairs, exhibitions, demonstrations and other public presentations on the condition that they are accompanied by clearly visible information stating that the recreational craft, partly completed recreational craft and components of recreational craft do not conform to the requirements and that they shall not be placed on the market or put into service before they have been brought into conformity with the requirements of this Act.

(6) For the purposes of this Chapter, a notified body is a conformity assessment authority that has the right to conduct conformity assessment procedures which are necessary to attest the conformity of recreational craft or components specified in subsection 4 of this section. The provisions of subsection 2 of § 19² of this Act apply to a notified body.

(7) Safety and quality requirements for recreational craft, partly completed recreational craft and components of recreational craft, the procedure for the affixing of information and markings thereto and attestation of the conformity thereof shall be established by the minister in charge of the policy sector.

(8) If a recreational craft built for own use or put into service which is not subject to the requirements of Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p. 90–131) does not have the required documents and a builder’s plate, the Transport Administration shall determine the overall length, width and depth of the recreational craft and establish the navigation area of the recreational craft, limitations arising from hydrometeorological conditions, the maximum recommended load, the maximum rated engine power and the maximum number of persons permitted on board, and shall ascertain other necessary data, and shall enter these data in the survey report specified in subsection 6 of § 36 of this Act.

(9) This section also applies to personal watercraft.

§ 35¹. Registration of recreational craft, ships with overall length of less than 12 metres and personal watercraft

(1) Recreational craft and ships with an overall length of less than 12 metres shall be registered in the traffic register or ship register and personal watercraft shall be registered in the traffic register in order to navigate at sea and on inland waters. A personal watercraft for competitive sports or a personal watercraft for training which is used only during a competition or during training in a special area shall be registered and marked by a sports federation.

(2) Natural persons permanently residing in Estonia or natural persons who have obtained a residence permit in Estonia and legal persons registered in Estonia are required to enter recreational craft and ships with a port of registry in Estonia and personal watercraft specified in subsection 1 of this section in the corresponding register. This requirement does not apply if the recreational craft, ships or personal watercraft specified in subsection 1 of this section have been entered in the corresponding register of another state.

(3) If the owner of a recreational craft, a ship with an overall length of less than 12 metres or personal watercraft is not a person specified in subsection 2 of this section, the owner shall appoint a natural person permanently residing in Estonia or a natural person who has obtained a residence permit in Estonia or a legal person registered in Estonia as the authorised user of the water craft who is entered in the register.

(4) If the recreational craft, a ship with an overall length of less than 12 metres or personal watercraft which is to be entered in the traffic register belongs to joint owners, all the owners shall be entered in the traffic register and one owner who is appointed by the owners shall be registered as the authorised user.

(5) Only such recreational craft or a ship with an overall length of less than 12 metres that has been registered in the traffic register or ship register may fly the national flag of Estonia at the stern.

(6) The procedure for registration of recreational craft, ships with an overall length of less than 12 metres and personal watercraft, including the list of information to be submitted to the register, procedure for amendment of registered information, deletion from the register, issue of registration certificates, registration numbers and registration plates shall be established by the minister in charge of the policy sector.

(7) A state fee shall be paid for the review of an application for registration of personal watercraft, recreational craft and ships with an overall length of less than 12 metres, amendment of registered information and issue of registration plates.

§ 35². Registration number, registration certificate and demountable registration plate of recreational craft, ships with overall length of less than 12 metres and personal watercraft

(1) The Transport Administration shall issue a registration certificate and provide a registration number upon registration of a recreational craft, a ship with an overall length of less than 12 metres or a personal watercraft.

(2) If necessary, the Transport Administration shall provide a demountable registration plate. Demountable registration plates can be provided to an undertaking manufacturing recreational craft, ships with an overall length of less than 12 metres, and personal watercraft, or an undertaking with the right of wholesale and retail sale of new recreational craft, ships with an overall length of less than 12 metres and personal watercraft.

(3) Demountable registration plates may be used only for a presale test drive of a recreational craft, a ship with an overall length of less than 12 metres or a personal watercraft that has been taken to Estonia for sale or has been manufactured in Estonia.

(4) A registration number and a demountable registration plate shall be mounted in accordance with requirements.

(5) The format of a registration certificate of recreational craft, ships with an overall length of less than 12 metres and personal watercraft, and the procedure for mounting a registration number and for the use of a demountable registration plate shall be established by the minister in charge of the policy sector.

§ 35³. Refusal to register and deletion from register of recreational craft, ships with overall length of less than 12 metres and personal watercraft

(1) The Transport Administration shall refuse to register a recreational craft, a ship with an overall length of less than 12 metres or a personal watercraft if:

1) the recreational craft or personal watercraft has not undergone a pre-registration survey;

2) the technical survey of the ship with an overall length of less than 12 metres or ship that is being re-registered as recreational craft has not been conducted at the Transport Administration;

3) the recreational craft or personal watercraft does not have an identification number or the identification number is damaged, falsified, illegible or unidentifiable;

4) the recreational craft or personal watercraft does not have a CE marking;

5) the recreational craft or personal watercraft does not have a proper declaration of conformity;

6) the recreational craft, ship with an overall length of less than 12 metres or personal watercraft has been declared to be fugitive by the police;

7) the owner does not hold documents attesting the right of ownership and origin of the recreational craft, ship with an overall length of less than 12 metres or personal watercraft, or such documents are insufficient or comprise elements of falsification;

8) the recreational craft built for own use lacks the survey report issued by the Transport Administration as specified in subsection 6 of § 36 of this Act; or

9) the recreational craft does not have the required documents and a builder’s plate or lacks the survey report issued by the Transport Administration as specified in subsection 6 of § 36 of this Act.

(2) Recreational craft built for own use cannot be placed on the market for five years after the building thereof.

(3) For deletion from the register, the owner of a recreational craft, a ship with an overall length of less than 12 metres or a personal watercraft shall submit an application to the Transport Administration in the following cases:

1) in case the recreational craft, ship with an overall length of less than 12 metres or personal watercraft is taken out of Estonia due to the owner’s change of residence or due to the transfer of the recreational craft, ship with an overall length of less than 12 metres or personal watercraft;

2) in case the use of the recreational craft, ship with an overall length of less than 12 metres or personal watercraft is relinquished;

3) in case the recreational craft, ship with an overall length of less than 12 metres or personal watercraft is sunk, destructed or becomes unusable.

(4) A recreational craft, a ship with an overall length of less than 12 metres or a personal watercraft may be temporarily deleted from the register upon the application of the owner.

(5) In addition to as provided in subsection 4 of this section, the Transport Administration shall temporarily delete a recreational craft, a ship with an overall length of less than 12 metres or a personal watercraft from the register if the registered owner gives notice of transfer of the ownership of the respective water craft but the transferee does not submit an application for amending the registered information within five working days after acquisition of the water craft.

(6) The recreational craft, ship with an overall length of less than 12 metres or personal watercraft that is temporarily deleted from the register due to the reason set out in subsection 5 of this section shall be deemed to be reinstated in the register after a registration certificate is issued to the new owner on the basis of an application filed for amending the registered information.

§ 35⁴. Requirements for technical condition of recreational craft and personal watercraft and for equipment of recreational craft and ship with an overall length of less than 12 metres

(1) The technical condition of recreational craft and personal watercraft which have been or are to be entered in the register in Estonia shall conform to the valid requirements for maritime safety and quality.

(2) The equipment of recreational craft shall be in working order, easily accessible for users and its type and measurements shall conform to the structural category, navigation area and size of the recreational craft.

(2¹) The requirements established for the equipment of recreational craft are applied to ships with an overall length of less than 12 metres, except passenger ships, pilot ships and ships providing port services.

(3) The owner of a recreational craft or personal watercraft shall be liable for the seaworthiness and worthiness for navigation on inland waters and good technical condition of the recreational craft or personal watercraft.

(4) The owner of a recreational craft and skipper of a recreational craft are responsible for the proper equipping of the recreational craft and for compliance with the safety requirements.

(5) The requirements for the equipment of recreational craft and the safety requirements for the recreational craft used for organising recreational voyages for a fee shall be established by a regulation of the minister in charge of the policy sector.

§ 35⁵. Requirements for recreational craft flying foreign flag

(1) The technical and registration requirements of the flag state, taking account of the specifications provided for in subsection 2 of this section, shall apply to recreational craft flying a foreign flag, nevertheless the seaworthiness and worthiness for navigation on inland waters shall be ensured pursuant to § 16 of this Act in any case.

(2) The requirements of the flag state shall apply to a recreational craft flying a foreign flag that is used for organising recreational voyages for a fee only between Estonian ports or in a port basin or with departure from an Estonian port and with entrance in the same port. If the requirements of the flag state of such recreational craft are less stringent than the requirements established with regard to a recreational craft of the same class flying the national flag of Estonia, the requirements in force in Estonia shall be applied, except the requirements for registration.

(3) In this Act, a recreational craft flying a foreign flag refers, inter alia, to a recreational craft registered in a foreign state. In this Act, the flag state of a recreational craft refers, inter alia, to the country of registration of the recreational craft.

§ 35⁶. Requirements for recreational craft used for organising recreational voyages for fee

(1) A recreational craft used for organising recreational voyages for a fee can be navigated by a person who is at least 18 years of age and holds a certificate of a skipper of recreational craft.

(2) A recreational craft used for organising recreational voyages for a fee further than 5 nautical miles from shore shall have a life raft or rafts and the number of places in such life rafts shall correspond to the number of persons on board.

(3) A recreational craft used for organising recreational voyages for a fee shall have at least one person who is at least 18 years of age and holds a certificate of a skipper of recreational craft per each life raft.

(4) A recreational craft used for organising recreational voyages for a fee further than 5 nautical miles from shore shall have a radio station covering the sea area of the global maritime distress and safety system (GMDSS).

§ 36. Technical supervision of recreational craft and personal watercraft

(1) The technical supervision of recreational craft and personal watercraft consists of technical surveys and sample checks conducted in the course of exercising state supervision.

(2) The technical survey of recreational craft is classified as follows:

1) technical survey following the structural conversion of a recreational craft;

2) technical survey of a recreational craft built for own use;

3) technical survey of a ship that is to be re-registered as a recreational craft;

4) technical survey of a recreational craft used for organising recreational voyages for a fee;

5) pre-registration survey;

6) technical survey of a recreational craft at the owner’s request.

(3) The technical survey of a personal watercraft consists in the pre-registration survey.

(4) The conformity to the requirements for the equipment of recreational craft shall be verified in the course of sample checks.

(5) The technical survey of a recreational craft shall be conducted by the Transport Administration.

(5¹) The pre-registration survey of a recreational craft shall be conducted by the Transport Administration. The pre-registration survey of a recreational craft that is to be entered in the register for the first time may be conducted, in addition to the Transport Administration, also by a manufacturer of recreational craft or its authorised representative within the meaning of the Product Conformity Act (hereinafter the manufacturer or its authorised representative) or a distributor or importer recognised by them within the meaning of the Product Conformity Act (hereinafter the distributor or importer) that has entered into a relevant agreement with the Transport Administration.

(5²) The pre-registration survey of a personal watercraft shall be conducted by the Transport Administration or by a manufacturer of personal watercraft or by an authorised representative of the manufacturer or by a distributor or importer that has entered into a relevant agreement with the Transport Administration.

(6) A survey report or a technical data sheet shall be prepared with regard to a technical survey by the authority conducting the survey. In the case of a pre-registration survey, the data of the technical survey shall be entered in the relevant register. The Transport Administration shall issue a survey report in the case specified in clause 3 of subsection 5 of this section.

(7) The technical survey of a recreational craft used for organising recreational voyages for a fee shall be conducted:

1) at least once every three years if the recreational craft is less than ten years old;

2) at least once every two years if the recreational craft is ten or more years old.

(8) Technical surveys shall be conducted in Estonia. If the owner of a recreational craft applies for the technical survey of the recreational craft staying in a foreign state, the owner shall reimburse the travel expenses of an expert or supervisory official which are to be calculated in accordance with the procedure established pursuant to subsection 5 of § 44 of the Civil Service Act.

(9) This section applies regarding sample checks also to recreational craft flying a foreign flag in the territorial sea and internal sea and inland waters of Estonia.

(10) The procedure for the technical survey of recreational craft and personal watercraft and the list of data to be entered in the survey report of the technical survey of recreational craft and personal watercraft shall be established by the minister in charge of the policy sector.

(11) A state fee for the technical survey of a recreational craft used for organising recreational voyages for a fee, technical survey following the structural conversion of a recreational craft, technical survey of a recreational craft built for own use, technical survey of a ship that is to be re-registered as a recreational craft, technical survey of a recreational craft at the owner’s request, additional technical survey conducted at the Transport Administration before the registration of a recreational craft, and technical survey of a personal watercraft shall be paid within ten working days after the survey is conducted. The Transport Administration shall not issue a survey report or the technical data sheet of the ship or personal watercraft before the state fee is paid.

§ 37. Use of recreational craft on waterways

(1) The skipper of a recreational craft is responsible for the safe use of the recreational craft, and persons on board a recreational craft shall follow the respective orders of the skipper of the recreational craft. The use of a recreational craft shall not endanger the persons on board the recreational craft or other users of waterways, and shall not damage the surrounding environment or cause pollution. The skipper of a recreational craft shall ensure the good technical condition, existence and serviceability of lifesaving equipment, safety equipment and other required equipment and safe navigation of the recreational craft.

(2) When navigating a recreational raft, the skipper of the recreational craft shall carry a document certifying the right to navigate recreational craft if the existence of such document is required, and the registration certificate of the recreational craft.

(3) If the skipper of a recreational craft carries an identity document, it is not mandatory, within the borders of Estonia, to carry the document certifying the right to navigate recreational craft issued in Estonia.

(4) If the skipper of a recreational craft carries an identity document, it is not mandatory to carry the registration certificate of the recreational craft registered in Estonia if the skipper of the recreational craft is entered in the traffic register as the owner, authorised user or user, or if the owner, authorised user or user is present on board the recreational craft.

(5) A recreational craft shall be stopped when it is demanded by a supervisory official. If the stopping manoeuvre is dangerous to the recreational craft in the opinion of the skipper of the recreational craft, the skipper may agree with the supervisory official on the closest safe place and time for inspection.

(6) A certificate of a skipper of a recreational craft issued by a Member State of the European Union or a state which is a contracting party to the EEA Agreement, and the certificates specified in subsection 7 of § 39 of this Act shall be recognised as documents certifying the right of a person to navigate a recreational craft and as documents certifying the right to use maritime communication equipment.

(7) This section, except subsection 2 of this section, is also applied to recreational craft flying a foreign flag if the documentary requirements equivalent to those provided for in said subsection are not applicable in the foreign state whose flag the recreational craft is flying and the skipper of the recreational craft is not a citizen of Estonia or a foreigner having a residence permit and right of residence in Estonia.

§ 39. Requirements for skippers of recreational craft and issue and revocation of certificates of skippers of recreational craft

(1) The skipper of recreational craft shall have relevant knowledge and skills.

(2) The requirements for the knowledge, skills and training of skippers of recreational craft, the procedure for examination, application for and issue of certificates of skippers of recreational craft and the formats of certificates of skippers of recreational craft shall be established by a regulation of the examination minister in charge of the policy sector. A certificate of a skipper of recreational craft shall set out the permitted navigation area on the basis of the training of the skipper of the recreational craft. Navigation areas are:

1) sea and inland waters;

2) inland waters.

(3) Recreational craft may be navigated by a person who holds a certificate of a skipper of recreational craft, or has professional education as a deck officer or as a deck officer of an inland vessel.

(3¹) A person with professional education as a deck officer may, if he or she wishes so, apply for a certificate of a skipper of recreational craft by submitting an application and the certificate of competency or professional certificate as a deck officer or the certificate of competency as a deck officer of an inland vessel or a document certifying the professional education as a deck officer to the Transport Administration. A person holding a certificate of competency or a professional certificate as a deck officer or a certificate of competency as a deck officer of an inland vessel or a person with professional education as a deck officer need not pass an examination for skippers of recreational craft in order to receive a certificate of a skipper of recreational craft.

(4) The Transport Administration shall issue certificates of skippers of recreational craft. The Transport Administration shall issue the certificate of a skipper of recreational craft to a person who has passed a corresponding examination and is at least 15 years of age and whose state of health corresponds to the requirements for the health of drivers of power-driven vehicles of category B.

(4¹) A certificate of a skipper of recreational craft is issued for the term of validity of ten years.

(4²) A certificate of a skipper of recreational craft is issued within ten working days after the day following the submission of the respective application.

(4³) A certificate of a skipper of recreational craft is delivered to the holder of the certificate at the Transport Administration or is sent, at the holder’s request, to an address in Estonia by unregistered mail. If the person has not received the certificate by unregistered mail within ten working days after the submission of the application for the certificate, the person shall inform the Transport Administration accordingly.

(4⁴) The Transport Administration shall revoke a certificate of a skipper of recreational craft if:

1) the certificate has been lost, destroyed or stolen;

2) the person has submitted false information while applying for the certificate, or has obtained the certificate by fraudulent means;

3) a new certificate of a skipper of recreational craft has been issued to the person;

4) the person has not received the certificate of a skipper of recreational craft sent by unregistered mail within ten working days after the submission of the application for the certificate;

5) the person has not collected the certificate within 12 months after the day following the preparation of the certificate.

(5) A certificate of a skipper of a recreational craft is not required for navigating a water craft with a sail area of up to 25 m² or engine power up to 25 kW if the water craft is navigated during the daytime and in adequate visibility at sea not further than 5 nautical miles from shore or on inland waters not further than 9 kilometres from shore.

(6) A person under 15 years of age is not required to hold a certificate of a skipper of a recreational craft for navigating a water craft with a sail area of up to 20 m² or engine power up to 10 kW if he or she navigates under the responsibility of his or her legal representative and if the water craft is navigated during the daytime and in adequate visibility at sea not further than 1 nautical mile from shore or on inland waters not further than 2 kilometres from shore.

(7) Maritime communication equipment (VHF, MF, HF radio stations) may be used only by a person who has undergone the corresponding training and holds a Restricted Operator’s Certificate or a General Operator’s Certificate or a Short-Range Certificate. A person who does not hold the specified certificates may use maritime communication equipment only in an emergency. Restricted Operator’s Certificates and General Operator’s Certificates for using maritime communication equipment on a recreational craft are valid without an endorsement.

(7¹) Short Range Certificates are issued by the Transport Administration.

(7²) The requirements for the knowledge, skills and training of operators of recreational craft, the procedure for examination, application for and issue of Short Range Certificates and the description of Short Range Certificates are established by a regulation of the minister in charge of the policy sector.

(8) A state fee shall be paid for the review of an application for issue of a certificate of a skipper of recreational craft or a Short-Range Certificate.

§ 39¹. Requirements for use of personal watercraft and issue and revocation of certificates of operators of personal watercraft

(1) An operator of a personal watercraft shall be responsible for the safe use of the personal watercraft and shall introduce the safety requirements applicable to navigation of personal watercraft to their fellow passenger before departure. The use of a personal watercraft shall not endanger the fellow passenger or other users of waterways, and shall not damage the surrounding environment or cause pollution. Before departure, the operator of a personal watercraft shall inspect the good technical condition and completeness of equipment, monitor the technical condition of the personal watercraft during navigation, ensure the safe navigation of the personal watercraft to a fellow passenger, and adhere to the rules of safe navigation or inland navigation rules.

(2) A personal watercraft may be operated by a person of at least 15 years of age who holds a certificate of an operator of personal watercraft or the right to navigate recreational craft, except in the case specified in subsection 6 of this section.

(3) A certificate of an operator of personal watercraft shall be issued by the Transport Administration for the term of validity of ten years.

(4) A certificate of a skipper of recreational craft is issued within ten working days after the day following the submission of the respective application.

(5) A certificate of an operator of personal watercraft is not required from a person for navigating a personal watercraft for competitive sports or a personal watercraft for training which is correspondingly marked by a sports federation during a competition or during training if the sports federation has issued to such person a competition licence which shall set out at least the number of the competition licence, the name of the person, his or her personal identification code, and the name and registry code of the sports club.

(6) A person under 15 years of age may operate a personal watercraft and is not required to hold a certificate of an operator of personal watercraft for navigating a personal watercraft for competitive sports or a personal watercraft for training which is correspondingly marked by a sports federation during a competition or during training if he or she navigates with the consent of his or her legal representative and the sports federation has issued a licence to such person.

(7) A certificate of an operator of personal watercraft is delivered to the holder of the certificate at the Transport Administration or is sent, at the holder’s request, to an address in Estonia by unregistered mail. If the person has not received the certificate by unregistered mail within ten working days after the submission of the application for the certificate, the person shall inform the Transport Administration accordingly.

(8) The Transport Administration shall revoke a certificate of an operator of personal watercraft if:

1) the certificate has been lost, destroyed or stolen;

2) the person has submitted false information while applying for the certificate, or has obtained the certificate by fraudulent means;

3) a new certificate of an operator of personal watercraft has been issued to the person;

4) the person has not received the certificate sent by unregistered mail within ten working days after the submission of the application for the certificate;

5) the person has not collected the certificate within 12 months after the day following the preparation of the certificate.

(9) While operating the personal watercraft, the operator of the personal watercraft shall carry a document certifying the right to operate the personal watercraft, if the existence thereof is required. If the operator of the personal watercraft carries an identification document, then within the borders of Estonia it is not mandatory to carry a document certifying the right to operate the personal watercraft which has been issued in Estonia.

(10) A personal watercraft shall be stopped when it is demanded by a supervisory official. If the stopping manoeuvre is dangerous to the personal watercraft in the opinion of the operator of the personal watercraft, the operator may agree with the supervisory official on the closest safe place and time for inspection.

(11) The requirements for the safe use of personal watercraft and for the preparation, examination, application for and issue of certificates of operators of personal watercraft and the format of certificates shall be established by a regulation of the minister in charge of the policy sector.

(12) A state fee shall be paid for the review of an application for issue of a certificate of an operator of personal watercraft.

§ 39². Suspension of right to navigate recreational craft or personal watercraft, and refusal to grant such right

(1) The right to navigate recreational craft or personal watercraft is suspended, and the grant of such right is refused upon entry into force of a court ruling made on the basis of clause 4 of subsection 1 and subsection 2 of § 177² of the Code of Enforcement Procedure.

(2) The suspension of the right to navigate recreational craft or personal watercraft as provided in subsection 1 of this section, and the refusal to grant such right shall terminate upon entry into force of a court ruling made on the basis of subsection 1 of § 177⁵ of the Code of Enforcement Procedure.

§ 39³. Suspension of right to navigate recreational craft or personal watercraft, and refusal to grant such right

(1) The Transport Administration shall suspend the right to navigate a recreational craft or personal watercraft and shall refuse to grant such rights and to issue the certificate of a skipper of recreational craft or of an operator of personal watercraft to a person, regarding whom an administrative court has granted respective permission under the petition set out in subsection 5 of § 33¹ or subsection 5 of § 71¹ of the Military Service Act.

(2) The following shall be indicated in the decision made in the event specified in subsection 1 of this section:

1) time and place of the decision;

2) given name, surname and position of the person who made the decision, name and address of the authority;

3) given name, surname and residence of the person regarding whom the decision was made;

4) bases for and term of suspension of the right to navigate or refusal to grant the right to navigate;

5) signature of the person who prepared the decision.

(3) The Transport Administration shall make the decision to suspend the right to navigate a recreational craft or personal watercraft set out in subsection 1 of this section based on the data collected in hearing the person by the Defence Resources Agency, Defence Forces of Estonia or a court, if it is not necessary to obtain additional information. The Transport Administration shall send the decision by registered post with advice of delivery to the address of the person indicated in the population register, any other address known to the Transport Administration or e-mail address or the person, or deliver it to the person against signature under the notice. The Transport Administration may publish the decision in the official publication Ametlikud Teadaanded if it is not possible to deliver the decision by any other means. The decision shall be deemed as publicly delivered when ten days have passed since the day of its publication in Ametlikud Teadaanded or when the person certifies receipt of the notice in the information system of Ametlikud Teadaanded.

(4) The Transport Administration shall reinstate the right to navigate a recreational craft or personal watercraft set out in subsection 1 of this section and terminate the refusal to grant these rights and to issue the certificate of a skipper of recreational craft or of an operator of personal watercraft immediately when the Defence Resources Agency or the Defence Forces of Estonia notify the processor of the traffic register that the basis for the suspension of the right to navigate a recreational craft or personal watercraft has ceased to exist, unless it derives otherwise from a ruling of the administrative court.

§ 41. Loading, unloading and ballasting

(1) In order to ensure the safety of a ship and the persons and cargo on board, the ship shall be loaded, unloaded and ballasted in such manner that the stability and floatability of the ship remain within the limits specified in the ship’s certificates and documentation.

(2) A ship with a gross tonnage of 20 or more and flying the national flag of Estonia shall carry the information concerning the stability of the ship which is approved by the Transport Administration or a recognised organisation.

(3) Cargo shall be stowed and secured pursuant to a manual compiled by the operator and approved by the Transport Administration or a recognised organisation. Such manual is not required for the carriage of solid or liquid cargo in bulk. A ship flying a foreign flag shall have a cargo securing manual approved by a competent authority or competent organisation of the respective state or by a competent organisation.

(4) The Transport Administration recognises stability information and cargo securing manual approved by a competent authority of an EU Member State or of a State Party to an international convention or a recognised organisation of such states.

(4¹) A supervisory official of the Transport Administration is entitled to open a container or road transport vehicle that is to be loaded on a ship in order to inspect the securing of cargo inside the container or vehicle, including the stowage and securing of dangerous goods specified in § 42 of this Act, and to suspend the loading of the container or road transport vehicle on the ship until the deficiencies are eliminated if the packaging of the cargo is damaged, if the cargo is insufficiently secured or if the discovered deficiencies pose a threat to navigation.

(4²) This Chapter applies also to ships flying a foreign flag, except the requirements established only for ships flying the national flag of Estonia.

(5) The requirements for use and the procedure for the survey and testing of the lifting equipment of ships shall be established by the minister in charge of the policy sector.

(6) Additional safety requirements for bulk carriers, the requirements for the safe loading and unloading of bulk carriers, the safety requirements for the terminals for bulk carriers and the procedure for notification of the master of a ship or terminal representatives shall be established by the minister in charge of the policy sector.

§ 41¹. Bunkering

(1) When bunkering, the bunker operator must take all necessary measures to prevent environmental pollution.

(2) The bunker operator enters its contact details, information on the type of fuel offered and the location of its activities into the Electronic Maritime Document Exchange.

§ 42. Carriage of dangerous goods and notification of dangerous goods

(1) Dangerous goods shall be carried pursuant to the requirements provided for in Chapters VI and VII of the International Convention on the Safety of Life at Sea and in Annexes I–III to the International Convention for the Prevention of Pollution from Ships.

(1¹) This section is applied to dangerous goods that are carried:

1) in packages in conformity with the requirements provided for in Chapter VII of the International Convention on the Safety of Life at Sea and Annex III to the International Convention for the Prevention of Pollution from Ships;

2) as solid goods in bulk in conformity with the requirements provided for in Chapter VII of the International Convention on the Safety of Life at Sea;

3) as liquids in bulk in conformity with the requirements provided for in Chapters VI and VII of the International Convention on the Safety of Life at Sea and Annexes I and II to the International Convention for the Prevention of Pollution from Ships;

4) in bulk in gas carriers in conformity with the requirements provided for in Chapter VII of the International Convention on the Safety of Life at Sea or

5) in conformity with the special requirements for the carriage of radioactive materials provided for in Chapter VII of the International Convention on the Safety of Life at Sea.

(2) Dangerous goods shall not be offered for carriage or taken on board a ship before the master or operator of the ship has received a declaration regarding the dangerous goods and any partial cargo containing dangerous goods (hereinafter the dangerous goods declaration) on paper or in any format which can be reproduced in writing. The dangerous goods declaration shall be submitted by the consignor of cargo or the authorised representative of the consignor.

(2¹) Where supervision of cargo operations upon unloading of a chemical tanker is required pursuant to Regulation 16 of Annex II to the International Convention for the Prevention of Pollution from Ships, such supervision is conducted by an undertaking that has submitted the notice of economic activities pursuant to clause 1 of § 10 of this Act or a supervisory official of the Transport Administration.

(2²) The operator shall pay a state fee for supervision of cargo operations of a chemical tanker conducted by a supervisory official of the Transport Administration within ten working days after the supervision.

(2³) A ship carrying dangerous goods arriving from a port located outside the European Union shall hold a dangerous goods declaration or equivalent information issued by the consignor.

(3) The list of information to be indicated in a dangerous goods declaration, depending on the type of dangerous goods, shall be established by a regulation of the minister in charge of the policy sector.

(4) The consignor of cargo or the authorised representative of the consignor shall be liable for the correctness of information pertaining to the hazardousness of the cargo and for the communication of such information.

(5) The operator, master or agent of a ship leaving an Estonian port with dangerous goods, except of a ship engaged in domestic voyages, shall, before leaving, submit information concerning the ship and dangerous goods to the Transport Administration according to the procedure established pursuant to subsection 9 of this section.

(6) If the port of destination or the anchorage of a ship carrying dangerous goods and arriving from a port located outside the Member States of the European Union is located in Estonia, the operator, master or ship’s agent shall submit, before leaving the port of departure or as soon as the port of destination or the anchorage is known, information concerning the ship and dangerous goods to the Transport Administration according to the procedure established pursuant to subsection 9 of this section.

(8) The ship’s agent or, if the ship’s agent is not present, the master is required to ensure the correctness and timely communication of information inherent to the cargo and communicated upon notification.

(9) The procedure for notification of dangerous goods and the list of information to be submitted shall be established by the minister in charge of the policy sector.

(10) The master of a ship is required to inform the Transport Administration of an accident involving dangerous goods on the Estonian waterways. Outside the Estonian sea areas, the master of a ship flying the national flag of Estonia is required to inform the competent authority of the corresponding state and the Transport Administration.

(10¹) In the event of a marine casualty or marine incident, the operator, the master or the owner of the dangerous goods carried on the ship shall submit the dangerous goods declaration or equivalent information to the Transport Administration at the request of the latter.

(11) The Transport Administration shall receive information on the dangerous goods arriving and leaving on ships, process and analyse the information concerning dangerous goods, make appropriate summaries, be responsible for the preservation of the information and communicate the information concerning dangerous goods according to the procedure established pursuant to subsection 12 of this section.

(12) The procedure for the communication of information concerning dangerous goods to interested persons shall be established by the minister in charge of the policy sector.

§ 42¹. Exemptions from notification of dangerous goods

(1) The Transport Administration may exempt a ship from the requirement of notification of dangerous goods if the operator has submitted a respective application and the following prerequisites are met:

1) the ship provides a regular service between ports of the Member States of the European Union;

2) the ship provides a regular service at least during one month and the duration of the voyage does not exceed 12 hours;

3) the operator maintains and updates a list of the ships providing regular services and communicates the respective information to the Transport Administration;

4) information on the ship and dangerous goods regarding each completed voyage is electronically available to the Transport Administration twenty-four hours a day;

5) the port of destination and the Transport Administration shall be informed about any deviation, of three hours or more, from the expected time of arrival at the port of destination or at a place where a pilot embarks or disembarks the ship.

(2) Where an international regular service is organised between two or more Member States of the European Union, and at least one of these states is Estonia, the Transport Administration may, at the request of an operator, apply for granting an exemption from other Member States provided that the prerequisites set out in clauses 2–5 of subsection 1 of this section are met.

(3) If the prerequisites for granting an exemption are violated, the Transport Administration shall immediately discontinue granting the exemption or, in the case provided for in subsection 2 of this section, shall apply for discontinuance thereof from the respective Member State of the European Union.

(4) The Transport Administration shall communicate a list of the operators and ships regarding which an exemption has been granted and amendments to said list to the European Commission.

(5) The Transport Administration shall immediately notify an operator of a decision of granting an exemption with regard to a ship and of discontinuance of an exemption.

§ 43. Freeboard of ship

(1) The freeboard of a ship shall be determined and a load line certificate shall be issued for ships flying the national flag of Estonia. The freeboard of a ship is the height of the board measured vertically from the upper edge of the main deck to the water line at the location of the middle frame of the ship.

(2) The minimum freeboard for a ship shall be determined and entered in the load line certificate of the ship by the Transport Administration.

(4) If the minimum freeboard of a ship flying a foreign flag is specified in another document, the document may be recognised as a load line certificate if it meets the requirements of international conventions and this Act.

(5) The Transport Administration recognises a minimum freeboard determined by a recognised organisation and load line marks marked by recognised organisation on the hull of a ship flying the national flag of Estonia if these meet the requirements of international conventions and this Act.

(6) The requirements for determination of a minimum freeboard for ships with an overall length of less than 24 metres and the list of data to be entered in a load line certificate of a decked vessel with an overall length of 15 metres and above, a decked vessel with an overall length of less than 15 metres and an undecked vessel shall be established by a regulation of the minister in charge of the policy sector.

(6¹) The requirements established pursuant to subsection 6 of this section shall be applied to a ship flying the national flag of Estonia.

(6²) The stability of a ship with an overall length of less than 24 metres that is flying the national flag of Estonia shall correspond to the navigation area provided for in the seaworthiness certificate, inland navigation certificate or passenger ship certificate. The respective calculations of stability shall be approved by a recognised organisation or the Transport Administration.

(7) The Transport Administration may revoke a load line certificate if significant changes have been made to the principal dimensions of the ship or to the lightweight of the ship.

(8) A state fee shall be paid for the issue of a load line certificate.

§ 44. Marking of board with load line marks

(1) Both boards of a ship shall be marked with permanent load line marks indicating the minimum freeboard. The notation “EV” indicates a freeboard determined by the Transport Administration.

(2) A ship shall not be loaded higher than the limit marked by the load line mark or the maximum draught permitted by port rules.

§ 44¹. Prevention of pollution from ships and transfer of harmful aquatic organisms and pathogens via ships

(1) A ship shall comply with the requirements of the International Convention for the Prevention of Pollution from Ships and of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (hereinafter the Ballast Water Management Convention), and the requirements of the regional agreements which have entered into force with regard to Estonia if the latter requirements are more stringent than the requirements of the conventions.

(2) A ship falling within the scope of the International Convention for the Prevention of Pollution from Ships is required to comply with the requirements for notification of marine pollution prescribed in the Convention. The master of a ship must inform the Defence Forces about causing marine pollution and about detected marine pollution in accordance with the format prescribed in the Convention.

(3) This Chapter is applied also to ships flying a foreign flag.

§ 44². Anti-fouling systems on ships

(1) The anti-fouling system on a ship with a gross tonnage of 400 or more shall conform to the requirements of the International Convention on the Control of Harmful Anti-fouling Systems on Ships (hereinafter the AFS-Convention).

(2) An international anti-fouling system certificate is issued for a ship specified in subsection 1 of this section after the inspection of the ship regarding conformity with the requirements of the AFS-Convention. The certificate shall be issued by the Transport Administration or a recognised organisation.

(3) A ship of 24 or more metres in overall length, with a gross tonnage of less than 400 flying the flag of a contracting party to the AFS-Convention shall carry a declaration on the anti-fouling system signed by the operator or a representative of the operator that is accompanied by appropriate documentation.

(4) Subsections 1–3 of this section do not apply to fixed or floating platforms, floating storage units (FSUs) and floating production storage and offtake units (FPSOs).

(5) Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships (OJ L 115, 09.05.2003, p. 1–11) is applied to the use of organotin compounds as biocides in anti-fouling systems on ships.

(6) If the results of an analysis of a sample taken from the anti-fouling system of a ship in the course of state supervision show that the ship does not conform to the requirements of the AFS-Convention or Regulation (EC) No 782/2003 of the European Parliament and of the Council set out in subsection 5 of this section, the operator or the ship’s agent shall incur the costs of sampling and analysis.

(7) The procedure for application for, issue and revocation of international anti-fouling system certificates shall be established by a regulation of the minister in charge of the policy sector in conformity with the requirements of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships (OJ L 115, 09.05.2003, p. 1–11).

§ 44³. Certificates of environmental safety

(1) Certificates of environmental safety regarding a ship registered in Estonia shall be issued by the Transport Administration or a recognised organisation.

(2) The Transport Administration recognises certificates of environmental safety that conform to the requirements of international conventions and this Act and have been issued by a recognised organisation or by a Member State of the European Union.

(3) A state fee shall be paid for the issue of a certificate of the environmental safety of a ship and for the review of documentation on which basis such a certificate is issued.

(4) Subsection 3 of this section applies also to ships flying a foreign flag.

§ 44⁴. Exemption from requirements for management of ballast water

(1) An exemption from the requirements for management of ballast water provided for in Regulation A-4 of the Ballast Water Management Convention shall be granted by the Transport Administration based on the results of the risk assessment specified in subsection 1 of § 44⁵ of this Act.

(2) To get an exemption, an operator shall submit an application to the Transport Administration which contains the data and documents regarding the ship for which the exemption is requested, as well as regarding the route of the ship and its organisation of the management of ballast water, and the data and documents gathered for risk assessment.

(3) The Transport Administration shall grant an exemption if the following conditions are met:

1) the grant of the exemption does not pose a threat to human life or health or damage the environment, property or natural resources;

2) the ship operates only between specified ports and does not mix the ballast water or sediments thereof with any ballast water and sediments originating from other ports.

(4) The Transport Administration shall grant an exemption to a ship for up to five years, but not for a longer period than while the data gathered for risk assessment remain up to date.

(5) An operator shall inform the Transport Administration immediately about all changes that affect the conditions on which basis the exemption specified in subsection 3 of this section was granted.

(6) The Transport Administration shall immediately inform the IMO about the grant of an exemption.

(7) An exemption shall be entered in the ballast water management plan and ballast water record book.

(8) The list of data and documents to be submitted in the application specified in subsection 2 of this section, the procedure for the processing of the application, and the list of data to be entered in an exemption certificate are established by a regulation of the Government of the Republic.

(9) A state fee shall be paid for the review of an application specified in subsection 2 of this section.

§ 44⁵. Risk assessment for grant of exemption and interim assessment

(1) The risk assessment is a proceeding in the course of which the Ministry of Climate assesses whether the grant of the exemption specified in subsection 1 of § 44⁴ of this Act may result in a threat to human life or health, or damage to the environment, property or natural resources.

(2) The risk assessment shall be conducted in accordance with the requirements of the Ballast Water Management Convention and international and regional guidelines adopted for implementation of the Convention.

(3) The costs of gathering of the data necessary for risk management shall be incurred by the person submitting the application specified in subsection 2 of § 44⁴ of this Act.

(4) The interim assessment is a proceeding conducted by the Ministry of Climate after the grant of the exemption specified in subsection 1 of § 44⁴ of this Act, and in the course of which it is assessed whether the data on the basis of which the exemption was granted and which were submitted for risk assessment are still up to date. The interim assessment shall be conducted once in five years, between the second and third year of the validity of exemption, as of the day of the grant of the exemption.

(5) The list of the data and documents to be submitted for the conduct of risk assessment and interim assessment and the procedure for conducting the proceeding shall be established by a regulation of the Government of the Republic.

§ 44⁶. Refusal to grant exemption and revocation of exemption

(1) The Transport Administration shall refuse to grant the exemption to a ship if:

1) the grant of the exemption may result in a threat to human life or health, or damage to the environment, property or natural resources;

2) false data have been submitted in the application;

3) the data gathered for risk assessment are not sufficient or the data and the collection thereof do not comply with the requirements and the deficiency cannot be eliminated without collecting the data anew.

(2) The Transport Administration shall revoke the exemption granted to a ship if:

1) it turns out that false data have been submitted in the application on the basis whereof the exemption was granted;

2) it turns out as a result of the interim assessment that the data on the basis whereof the exemption was granted and which were submitted for risk assessment are not up to date and the deficiency cannot be eliminated;

3) the condition provided for in clause 1 or 2 of subsection 3 of § 44⁴ of this Act has not been met.

(3) The validity of the exemption granted to a ship shall be suspended upon commencement of the proceeding for revocation of the exemption until the end of the proceeding, and during such period the ballast water on the ship shall be managed in accordance with the procedure provided for in the Ballast Water Management Convention.

(4) The Transport Administration shall immediately inform the IMO about the suspension of the exemption and revocation of the exemption.

(5) The procedure for refusal to grant the exemption and revocation of the exemption shall be established by a regulation of the Government of the Republic.

§ 44⁷. Prevention of pollution from other water crafts

Masters of ships, skippers of recreational craft and operators of other water craft to whom subsection 2 of § 44¹ of this Act does not apply, must inform, as soon as possible, the Defence Forces about causing or detecting marine pollution, and the Emergency Response Centre about causing or detecting pollution in a navigable internal water body and in a port.

§ 45. Navigation on waterways

(1) Navigation by a water craft at sea or on inland waters connected with the sea shall be conducted at safe speed and in adherence to the requirements of the Convention on the International Regulations for Preventing Collisions at Sea. Navigation on other inland waters shall be conducted in adherence to the inland navigation rules.

(2) The inland navigation rules shall be established by the minister in charge of the policy sector.

(3) The owner of a water craft or a person authorised by the owner is required to ensure that the safety and the technical condition of the water craft conform to the requirements.

(4) The skipper of a recreational craft or operator of any other water craft shall not be intoxicated while navigating at sea or on inland waters.

(4¹) The skipper of a recreational craft or operator of any other water craft is deemed to be intoxicated in the following cases:

1) the alcohol content in the blood of the skipper of a recreational craft or operator of any other water craft is at least 0.5 milligrams or more per gram of blood or the alcohol content in the breath exhaled by the skipper of a recreational craft or operator of any other water craft is 0.25 milligrams or more per litre of breath;

2) the alcohol content in the blood of the operator of a personal watercraft is at least 0.2 milligrams or more per gram of blood or the alcohol content in the breath exhaled by the operator of a personal watercraft is 0.1 milligrams or more per litre of breath.

(4²) The owner of the recreational craft or other water craft has the right to establish a lower permitted alcohol content rate or prohibit the use of alcohol.

(5) The Transport Administration may establish temporary restrictions to ensure the safety of vessel traffic on public waterways.

(5¹) On the basis of the actual ice conditions, the Transport Administration may establish limitations on ships serviced by an ice breaker during the winter navigation period, taking account of the ice class, main engine power or, if necessary, other indicators of the ships and the Transport Administration also has the right to suspend servicing of any port by an ice breaker if the Transport Administration informs the port authority, the master of the ship and the ship’s agent thereof and ensures that the ships which have terminated work in the port shall leave when the actual ice conditions allow this.

(5²) In the event of an increased threat to the constitutional order, national security, or the life and health of persons, the Estonian Defence Forces may, in the course of the national military defence or in direct preparation therefor, impose restrictions on navigation on waterways or issue orders to the Transport Administration to impose such restrictions, as well as issue orders to the Transport Administration to provide vessel traffic services to the extent necessary to ensure the safety of water traffic and the guarding and defence of the Estonian maritime border.

(6) An object endangering or hindering water traffic shall be removed from the waterway or the costs related thereto shall be incurred by the owner or installer of the object. The removal of objects endangering or hindering water traffic from fairways, except from a port basin or port entrance, shall be organised by the Transport Administration. The port authority shall organise the removal of objects endangering or hindering water traffic from a port basin and port entrance. The Transport Administration shall inform the users of waterways about the objects endangering or hindering water traffic in public waterways, and shall organise the removal of said objects if possible.

(6¹) The Estonian Defence Forces are responsible for removing explosives or other objects intended for military use that endanger or interfere with water traffic in Estonian sea areas.

(7) Scientific equipment and other equipment and objects necessary for research work may be installed on waterways only with the written permission of the Transport Administration. An object installed without the written permission of the Transport Administration is deemed to be endangering or hindering water traffic.

(8) Any activities that may damage an overhead transmission line, a cable or pipeline route published in navigational information are prohibited at a distance of less than 0.5 nautical miles from the overhead transmission line, cable or pipeline route or cable line if the ship is at sea and less than 100 metres from the overhead transmission line, cable or pipeline route if the ship is on inland waters.

(8¹) In case there are traffic separation schemes marked on a navigation chart, all the users of waterways shall comply with Rule 10 of the Convention on the International Regulations for Preventing Collisions at Sea in such traffic separation scheme and in the vicinity thereof.

(9) A written permit from the Transport Administration is required for activities which obstruct water traffic on public waterways and which are not regulated by the requirements of the Convention on the International Regulations for Preventing Collisions at Sea or legislation established pursuant to subsection 2 of this section. A written permit from the Transport Administration is required for activities which obstruct water traffic on fairways and in vessel traffic services area and the area of the ship reporting system in the Gulf of Finland.

(9¹) The activities which obstruct water traffic are organised competition, diving, training, shooting practice, mine clearance operations, rendering harmless of explosives, research, construction and dredging operations, installation of equipment or objects and other activities with similar impact.

(9²) In order to receive the permit specified in subsection 9 of this section, the person organising the activities shall submit a written application to the Transport Administration describing the planned activities and determining the area and time of the activities not later than one working day before the start of diving, mine clearance operations and rendering harmless of explosives. The Transport Administration shall grant the permit or refuse to grant it before the start of the planned activities. If granting the permit, the Transport Administration shall inform the users of waterways about the activities obstructing water traffic, as needed. The Transport Administration shall not grant the permit if the planned activities do not enable to ensure the safety of water traffic.

(9³) In order to receive the permit specified in subsection 9 of this section in case of any other activities than those specified in subsection 9² of this section, the person organising the activities shall submit a written application to the Transport Administration describing the planned activities and determining the area and time of the activities not later than 20 working days before the start of the planned activities. The Transport Administration shall grant the permit or refuse to grant it within 20 working days after the submission of the written application, but not later than one working day before the start of the planned activities. If granting the permit, the Transport Administration shall inform the users of waterways about the activities obstructing water traffic, as needed. The Transport Administration shall not grant the permit if the planned activities do not enable to ensure the safety of water traffic.

(9⁴) During fishing, it is prohibited to obstruct water traffic on fairways and anchorage published in navigational information. At sea and on Lake Peipus, Lake Lämmijärv, Lake Pskov and Lake Võrtsjärv, where the sides of a fairway have not been published, water traffic shall not be obstructed any closer than 150 metres from the axis of the fairway.

(10) Masters of ships, skippers of recreational craft and operators of other water craft are required to inform the Transport Administration, as soon as possible, of any aids to navigation which have been damaged or removed, if the lighting of any aids to navigation system does not function, if any aids to navigation have drifted away from their intended position and if any other danger is detected on waterways.

(11) It is prohibited to fasten a water craft to an aid to navigation or to damage an aid to navigation in any other way.

(12) In the case of damage to an overhead transmission line, cable, pipeline or other hydrotechnical structure, the master of the ship or the skipper of the recreational craft or operator of other water craft is required to promptly notify the Police and Border Guard Board or Estonian Defence Forces and the Transport Administration and, where possible, also the possessor of the respective facility.

(13) This section is also applied to ships, recreational craft and other water craft flying a foreign flag.

§ 47. Navigational information and management of waterways

(1) The Transport Administration shall organise the collection and processing of information characterising navigational conditions and, on the basis thereof, the preparation, publication and communication of navigational information to the users of waterways.

(2) The State Infocommunication Foundation shall ensure the communication of navigational warnings to the users of waterways over the radio.

(3) The Transport Administration shall organise the hydrographic surveys of public waterways and inland waters.

(3¹) Floating marks on public waterways are installed, maintained, managed and developed, and fixed lights and differential global navigation satellite system and terrestrial medium frequency radio navigation system are maintained, managed and developed by the Estonian State Fleet.

(3²) Floating boundary markers on transboundary water bodies are installed in the locations determined by the Police and Border Goard Board, and these boundary markers are maintained, managed and developed by the Estonian State Fleet.

(4) The Transport Administration shall organise the planning, construction, management and administration of the aids to navigation system and fairways on public waterways. The Transport Administration shall inform the users of waterways of the location of fairways, their parameters and markings and changes thereto.

(4¹) A permit of the Transport Administration is required for carrying out hydrographic surveys. A hydrographic survey report must be submitted to the Transport Administration for approval after completion of the work.

(4²) Only hydrographic survey data set out in an approved hydrographic survey report can be used in navigational information.

(4³) A permit of the Transport Administration is required for establishing, altering and discontinuing of the aids to navigation system. The Transport Administration refuses to grant the permit if the aids to navigation have not been designed or if they are not discontinued in accordance with the principles and practices of safe navigation at sea. The establishing, altering and and discontinuing of the aids to navigation are presumed to correspond to the principles and practices of safe navigation at sea if the design or discontinuing are in compliance with the guidelines and recommendations of the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) and the World Association for Waterborne Transport Infrastructure (PIANC).

(4⁴) The aids to navigation system to be published in navigational information shall be approved by the Transport Administration after the construction, installation and changing of such aids to navigation system. The Transport Administration shall refuse to approve the aids to navigation system if it does not comply with the design submitted while applying for the permit specified in subsection 4³ of this section.

(4⁵) The Transport Administration shall maintain the Hydrographic Information System, the purpose of which is to organise and process hydrographic data in order to provide state authorities with the data necessary for performance of duties related to safety of water traffic or environmental protection deriving from legislation, and for exercising state supervision.

(4⁶) The Transport Administration shall maintain the Database of Aids to Navigation, the purpose of which is to keep record of aids to navigation and verify the compliance of aids to navigation with requirements, in order to ensure timely notification of users of waterways about the existence and serviceability of the aids to navigation, and to provide state authorities with the data necessary for performance of duties of sectoral management and organisation of safety of water traffic or environmental protection deriving from legislation, and for exercising state supervision.

(4⁷) The Transport Administration shall be the controller of the Hydrographic Information System and Database of Aids to Navigation.

(5) The list of hydrographic surveys, procedure for applying for and issue of permits and for approval of hydrographic survey reports and the requirements for carrying out hydrographic surveys are established by a regulation of the minister in charge of the policy sector.

(5¹) The Transport Administration refuses to issue a permit for hydrographic surveys or to approve a hydrographic survey report if:

1) the planned or completed hydrographic survey does not enable to ensure safe water traffic; or

2) the hydrographic survey technology and methods do not enable to achieve the results corresponding to the required accuracy.

(5²) The Transport Administration coordinates the issue of permits for hydrographic surveys with the Defence Forces and the Estonian Internal Security Service. Permits are refused if the surveyor or the surveying work may jeopardize national security.

(6) The requirements and procedure for establishing, altering and discontinuing of the aids to navigation system, and for notification about aids to navigation system are established by a regulation of the minister in charge of the policy sector.

(6¹) In the event of an increased threat to the constitutional order, national security, or the life and health of persons, the Estonian Defence Forces may, in the course of the national military defence or in direct preparation therefor, issue orders to the Transport Administration or the Estonian State Fleet to change the aids to navigation system for restricting navigation on waterways. The aids to navigation system is changed and the users of waterways are informed about it to the extent necessary to ensure the safety of water traffic and the guarding and defence of the Estonian maritime border.

(7) The statutes of the Hydrographic Information System shall be established by a regulation of the minister in charge of the policy sector.

(7¹) The controller of the Hydrographic Information System refuses to issue data from the Information System where it may jeopardize national security. The controller of the Information System coordinates the issue of the requested data with the Defence Forces and the Estonian Internal Security Service before issuing the data.

(8) The statutes of the Database of Aids to Navigation shall be established by a regulation of the minister in charge of the policy sector.

§ 47¹. Special areas and places of refuge

(1) In order to ensure water traffic safety, the Transport Administration shall determine the special areas and the conditions applicable in the special areas. In the cases provided for by legislation or for performing duties deriving from law on waterways for any other purpose than for water traffic safety, the applicant for the planned special area shall coordinate the special area and the conditions to be established there with the Transport Administration and, when the special area is established, shall inform the Transport Administration about it.

(2) The Government of the Republic shall establish the places of refuge on the proposal of the minister in charge of the policy sector.

(3) Sending a ship to a place of refuge is decided by the Police and Border Guard Board in concert with the Defence Forces, the Transport Administration and the Environmental Board. Where necessary, the Defence Forces, Police and Border Guard Board or the Transport Administration provides the Maritime Assistance Service (MAS) in accordance with the requirements of the International Convention on the Safety of Life at Sea to ships in distress.

(4) The Transport Administration shall inform the users of waterways of the special areas and places of refuge and of the conditions established in the special areas.

§ 48. Construction activities on waterways and in vicinity of aids to navigation and restrictions on use of immovable property ownership in the required sector of visibility of aids to navigation

(1) Construction activities on waterways and in the immediate vicinity of aids to navigation or in the required sector of visibility thereof shall be limited if the construction activities reduce maritime safety or safe navigation on inland waters.

(2) The procedure for construction activities on waterways and in the immediate vicinity of aids to navigation or in the required sector of visibility thereof shall be established by the minister in charge of the policy sector.

(4) It is prohibited to install any lights in the vicinity of aids to navigation or in the required sector of visibility thereof if the lights make it difficult to distinguish aids to navigation. All such lights shall be removed at the precept of the Transport Administration or at the request of the harbour master.

(5) Bridges, overhead transmission lines, underwater cables, pipelines or other similar facilities shall be marked on waterways by the owner at the request of the Transport Administration.

(6) The Estonian State Fleet has the right to delimit or remove vegetation growing in the required sector of visibility of an aid to navigation without the consent of the owner or possessor of the immovable if such vegetation obstructs the visibility of the aid to navigation. The Estonian State Fleet informs the owner or possessor of the immovable about the need to delimit or remove the vegetation in advance.

§ 49. Safe towage

(1) All measures shall be taken on a ship or recreational craft towing in Estonian waters to ensure the safety of the towing ship or recreational craft and of the towed ship or recreational craft or other towed object.

(1¹) The technical condition of the ship or non-propelled vessel being towed must meet the conditions for towing and it must have a seaworthiness certificate or inland navigation certificate or a single permit for towing issued by the Transport Administration or a recognised organisation.

(2) The requirements for towage shall be established by the minister in charge of the policy sector.

(3) This section is also applied to ships and recreational craft flying a foreign flag.

§ 49¹. Hydrometeorological services

The Environment Agency shall prepare the weather observations, weather forecasts, storm warnings, ice prognoses and ice maps regarding the sea areas and inland waters of Estonia and communicate this information without charge to the Transport Administration and for publication to the State Infocommunication Foundation and the Eesti Rahvusringhääling [Estonian Public Broadcasting].

§ 49². Organisation and performance of icebreaking activities

(1) Ice breaking activities are organised by the Transport Administration.

(2) Ice breaking activities are performed by the Estonian State Fleet.

§ 50¹. Fairway dues

(1) Fairway dues are dues for navigational organisation, and the use of icebreaking and information services on public waterways, as well as for the use of the infrastructure installed on public waterways to ensure maritime safety.

(2) Fairway dues shall be paid upon arrival of a ship at an Estonian port or a roadstead of an Estonian port. Fairway dues shall be paid for all ships irrespective of their flag state.

(3) Fairway dues shall be paid by the operator or the ship’s agent.

(4) Fairway dues shall be paid into the state budget. The Transport Administration shall calculate fairway dues and issue corresponding payment notices.

§ 50⁴. Calculation of fairway dues

(1) The Transport Administration shall calculate fairway dues upon arrival of a ship at a port or a roadstead of a port once every twenty-four hours if at the roadstead of the port the ship is loaded, unloaded, supplied with provisions (food, water etc.), repaired, or the ship is associated with commercial activities in any other similar manner.

(1¹) If, after arrival at a port or roadstead of a port a ship leaves for another port or a roadstead of another port in the same region of ports, fairway dues shall be calculated for one arrival. The regions of ports are the following:

1) the eastern part of the Gulf of Finland, including the ports east of the meridian 25°30'E;

2) the western part of the Gulf of Finland, including the ports between the meridians 24°00'E and 25°30'E;

3) Western Estonia, including the ports west of the meridian 24°00'E, excluding the ports specified in clause 4 of this subsection;

4) the Gulf of Riga, including the ports east of the meridian 23°55'E and the ports on the island of Ruhnu.

(1²) If, within a period of twenty-four hours, a ship enters several ports or roadsteads of several ports within different regions of ports, the Transport Administration shall calculate fairway dues for one arrival.

(2) The Transport Administration shall submit to the operator or the ship’s agent a payment notice concerning the fairway dues subject to payment. A payment notice for a calendar month regarding a ship providing a regular service shall be submitted by the fifth day of the following month, and a payment notice regarding other ships shall be submitted within 30 days after the date of arrival of the ship at a port or roadstead of a port.

(2¹) A payment notice regarding a ship providing a regular service and entering an Estonian port five or more times per month shall be prepared for no more than five entries per month. Payment notices for more than five entries shall be prepared during the following months, but for no more than five entries per month. For the last month in a calendar year, the payment notice concerning the fairway dues shall be prepared for all entries subject to payment.

(2²) If a ship providing a regular service is replaced with another ship, the total number of entries made by such ships shall be calculated for the purpose of reducing the fairway due, and first of all, the entries made in the course of the regular service provided during a calendar year by the ship with a higher fairway due rate shall be taken into account as the times payable for under in subsection 1 of § 50¹⁰ of this Act. If the ship with the higher fairway due rate has entered a port less times than the number provided for in subsection 1 of § 50¹⁰ of this Act, the fairway due payable for the remaining times shall be calculated according to the rate applicable to the ship with the second highest fairway due rate. If a payment notice has been prepared for a ship with the smaller fairway due rate before the replacement of the ship, but the fairway due with the higher rate is payable for the full calendar year, a setoff of fairway dues shall be made not later than in the last month of the calendar year, and a fairway due shall be added to the payment notice in the amount by which the fairway due was previously calculated less. This subsection is applied to the ships of one and the same operator.

(2³) If according to the timetable referred to in subsection 1² of § 50¹⁰ of this Act, fairway dues shall be paid at a lower rate than for 60 times during a calendar year pursuant to clause 1 of subsection 1 of § 50¹⁰ of this Act, the Transport Administration shall prepare payment notices pursuant to the procedure provided in the first sentence of subsection 2¹ of § 50⁴ until the maximum number of entries made by the respective ship and payable for during a calendar year is achieved. If the timetable is changed during a calendar year, and therefore the fairway dues payable for the passenger ship during the calendar year pursuant to clause 1 of subsection 1 of § 50¹⁰ change, a setoff of fairway dues shall be made not later than in the last month of the calendar year, and a fairway due shall be added to the payment notice in the amount by which the fairway dues were previously calculated less, or the overpaid amount shall be returned.

(3) A payment notice shall set out:

1) the given name, surname and position of the official preparing the payment notice;

2) the date of preparation of the payment notice;

3) the name and address of the payer;

4) the amount of fairway dues subject to payment;

5) the legal and factual basis for the notice, including the bases for the calculation of the amount of the fairway dues, reduction or increase of the due rate;

6) the due date for payment;

7) a warning concerning the obligation to pay a fine for delay and the commencement of compulsory enforcement in case of failure to pay fairway dues by the due date.

(4) The term for payment of fairway dues is 30 days after the date of receipt of a payment notice, unless otherwise provided for in this Act.

(5) Fairway dues for ships providing a regular service shall be paid by the 25th day of the following month.

§ 50⁵. Rates of fairway dues

(1) Fairway dues shall be calculated on the basis of a ship’s gross tonnage (GT) which is multiplied by the unit price. In case of towing, the gross tonnage shall be calculated on the basis of the sum of gross tonnages of the tugboat and towed water craft which belong to the tow.

(2) The unit price for a cruise ship is 0.12 euro.

(3) The unit price for other types of ship is the following, on the basis of ice class:

1) 1A Super or an equivalent ice class – 0.28 euro;

2) 1A or an equivalent ice class – 0.30 euro;

3) other ice class or no ice class – 0.35 euro.

(4) The maximum amount of fairway dues per one voyage is 20,000 euros for a tanker, 12,000 euros for a cruise ship and 15,000 euros for other types of ships.

§ 50⁶. Payment of fairway dues

(1) An operator or a ship’s agent is required to transfer the fairway dues to the bank account specified in the payment notice by the due date indicated in the payment notice.

(2) The Transport Administration shall submit a statement of holdings concerning receipt of dues to the operator or ship’s agent at his or her request.

§ 50⁷. Fine for delay and compulsory enforcement

(1) If an operator or a ship’s agent has not paid fairway dues by the due date, the operator or ship’s agent is required to pay a fine for delay at the rate of 0.05 per cent per day on the overdue amount, but the total amount shall not exceed the fairway dues indicated in the payment notice submitted to the operator or ship’s agent by the Transport Administration.

(2) A payment notice on which the payment of fairway dues is based is an administrative act for the performance of a financial obligation in public law within the meaning of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure. If an operator or ship’s agent fails to pay fairway dues by the due date, the Transport Administration has the right to submit the payment notice for compulsory enforcement within seven years after the due date of payment.

§ 50⁸. Obligation of port authority

(1) A port authority is required to present to the Transport Administration the timetables of ships providing a regular service according to timetables.

(2) The timetable for the coming calendar month shall be presented not later than on the last working day of the current month.

§ 50⁹. Exemptions

(1) The following are exempted from payment of fairway dues:

1) ships performing administrative duties of the Republic of Estonia;

2) military vessels of the Republic of Estonia;

3) floating hospitals, training vessels and ships engaged in research in Estonia;

4) ships participating in international non-commercial cooperation programmes in which Estonia is involved;

5) foreign ships which arrive for a state visit;

6) ships which arrive in order to transport sick persons, survivors of a marine casualty or the deceased;

7) fishing vessels;

8) ships providing a connection between the Estonian mainland and the islands, including mail ships;

9) ships bunkering at a roadstead and ships delivering bilge water, tank washing water and waste oil if they do not enter Estonian ports;

10) ships which stay only at a roadstead to find refuge from storm.

§ 50¹⁰. Reduction of due rates

(1) Fairway dues shall be paid during a calendar year for a maximum of:

1) 60 times by a passenger ship, whereas for a half of the number of entries made by a passenger ship providing a regular service, but not for over 60 times;

2) 3 times by a cruise ship;

3) 10 times by other types of ship.

(1¹) In order to apply the specification provided for in subsection 2² of § 50⁴ of this Act upon replacement of a ship providing a regular service with another ship, the operator shall immediately inform the Transport Administration about the necessity for replacement of the ship providing a regular service.

(1²) If fairway dues shall be paid for less than 60 times during a calendar year for a passenger ship providing a regular service pursuant to clause 1 of subsection 1 of this section, the operator of the passenger ship or the ship’s agent shall submit a timetable for the voyages planned for the given calendar year to the Transport Administration not later than by the end of the calendar month preceding the voyages undertaken pursuant to the timetable. If the timetable is changed during the calendar year, the operator or the ship’s agent shall immediately inform the Transport Administration about the respective changes.

(2) 30 per cent of the rate of the fairway dues shall be paid for a ship on a roadstead if the ship does not enter a port.

(3) If a port is not serviced by icebreakers on the basis of subsection 1 of § 50 of this Act, an operator or ship’s agent shall pay 70 per cent of the rate of the fairway dues provided for in § 50⁵ of this Act.

(4) 50 per cent of the rate of the fairway dues shall be paid for a ship that has arrived to undergo repairs in case the ship is not loaded or unloaded and does not take on board or let go ashore passengers.

(5) The fairway dues for double hull oil tankers with segregated ballast tanks shall be calculated on the basis of the reduced gross tonnage of the ship which is set out in the tonnage certificate issued pursuant to the International Convention on Tonnage Measurement of Ships of 1969. The reduced gross tonnage shall be taken into account if a corresponding notation is entered in the section “Notations” of the tonnage certificate of the ship.

§ 51. Vessel traffic management system

(1) The purpose of the vessel traffic management system is to contribute to the safety of life at sea, to enhance safety and efficiency of navigation, and to support the protection of the environment in the area covered by the vessel traffic management system by reducing the risk of dangerous situations arising, as follows:

1) by providing relevant information in a timely manner;

2) by monitoring and coordinating vessel traffic to ensure the safe and efficient movement of ships;

3) by responding to dangerous situations that arise.

(1¹) In order to achieve the objective specified in subsection 1 of this section, the Transport Administration provides, as necessary, the navigator with information or recommendations, warnings and instructions.

(2) The operation of the system set out in subsection 1 of this section shall be organised by the Transport Administration.

(2¹) The Transport Administration records electronic information collected in the course of vessel traffic management. The collected electronic information is stored for at least 30 days and is intended for internal use.

(2²) The working area of the vessel traffic management system is divided into the vessel traffic services area and the area of the ship reporting system in the Gulf of Finland.

(2³) The vessel traffic services area is the part of the Estonian sea area where vessel traffic services are provided in accordance with the requirements and recommendations of the IMO and IALA.

(2⁴) The area of the ship reporting system in the Gulf of Finland is the part of the sea area where the ship reporting system is applied in conformity with the International Convention on the Safety of Life at Sea and agreements approved by the IMO.

(3) The boundaries of the working area of the vessel traffic management system, the traffic rules and the procedures for communication of notices and information therein shall be established by the minister in charge of the policy sector.

(4) A person who meets the qualification requirements established on the basis of subsection 5 of this section and has obtained the professional certificate of a vessel traffic service operator may work as a vessel traffic service operator in the vessel traffic management system.

(4¹) The qualification levels for vessel traffic service operators are vessel traffic service operator and senior vessel traffic service operator.

(4²) The Transport Administration issues the professional certificates and discharge books of vessel traffic service operators. A professional certificate and discharge book are issued on the prerequisite that a person has undergone vocational training and successfully passed the qualification examination for a vessel traffic service operator. The Transport Administration enters the information regarding the training and the examination results in the discharge book on the basis of the information received from the training provider.

(5) The training and qualification requirements for vessel traffic service operators, the list of data to be entered in professional certificates and the procedure for the issue thereof and the procedure for the evaluation of vessel traffic service operators are established by the minister in charge of the policy sector.

(6) The qualification examinations for vessel traffic service operators are organised and professional certificates of vessel traffic service operators are issued by the Transport Administration.

(7) A statutory fee is paid for the issue of a professional certificate, discharge book or endorsement to the discharge book of a vessel traffic service operator and senior vessel traffic service operator.

§ 52. Organisation of work of vessel traffic management system

(1) When entering Tallinn vessel traffic services area, the master of a ship with an overall length of more than 24 metres and of a passenger ship, and when entering the Western vessel traffic service area and the Eastern vessel traffic services area, the master of a ship with a gross tonnage of 300 and more and of a passenger ship must inform the vessel traffic service operator and communicate information concerning their ship pursuant to the procedure established on the basis of subsection 3 of § 51 of this Act.

(2) Within the area of the ship reporting system in the Gulf of Finland, it is mandatory for the following ships to submit reports and communicate information to the vessel traffic service operator:

1) ships with a gross tonnage of 300 or more;

2) ships with a gross tonnage of less than 300 if the ship is not under command, with limited manoeuvring ability or anchored in the area of the traffic separation scheme or the navigation equipment of the ship is not in working order.

(2¹) Where the mandatory equipment of a ship specified in subsection 5 of § 19 of this Act includes a VHF radio device in accordance with a legal instrument established on the basis of the same provision, the navigator of a ship navigating, drifting or anchored in the vessel traffic services area is required to perform radio watchkeeping duties via an appropriate working channel and be ready for two-way radio communication.

(3) The vessel traffic service operator provides vessel traffic services to ships within a vessel traffic services area. Use of the vessel traffic services provided by the vessel traffic service operator does not release the master of the ship from liability.

(4) The Estonian Defence Forces or the Police and Border Guard Board have the right to force to stop a ship on the bases and in accordance with the procedure provided in § 11⁴ of the State Borders Act in order to clarify the reasons for violations if the master of the ship fails to inform the vessel traffic service operator of the ship’s entry into the area of the vessel traffic management system, violates the navigation rules or ignores the calls of the vessel traffic service operator. The stopping of a ship is subject to the principle that the ship is stopped by the nearest unit that has the appropriate equipment and training.

§ 53. Liability for violation of rules of vessel traffic management system

(1) The Transport Administration may, pursuant to subsection 9 of § 21 of this Act, suspend the endorsement to the certificate of competency or professional certificate of the master of a ship flying the national flag of Estonia for an intentional violation of the procedure for forwarding notices or reports in the vessel traffic management system or of navigation rules.

(2) Information concerning a violation, by the master of a ship flying a foreign flag, of the navigation rules or the procedure for forwarding notices or reports in the area of a vessel traffic management system shall be forwarded to the competent authority of the flag state of the ship.

(3) The Transport Administration may suspend or revoke the professional certificate of a vessel traffic service operator if the vessel traffic service operator, whether intentionally or by mistake, has provided the navigator of a ship with information as a result of which a near casualty arose or a marine casualty took place.

(4) The vessel traffic service operator is liable for any information communicated by them whether intentionally or due to negligence to the navigator of a ship if the information caused or could have caused a marine casualty.

(5) This Chapter is also applied to ships flying a foreign flag.

§ 53¹. Automatic Identification System

(1) A passenger ship entering an Estonian port and a ship with a gross tonnage of 300 or more which is not a passenger ship shall be equipped with the class A Automatic Identification System (hereinafter AIS) equipment (hereinafter AIS equipment) which conforms to the requirements of Chapter V of the International Convention for the Safety of Life at Sea and of legislation established pursuant to subsection 3 of § 19¹ of this Act.

(1¹) A fishing vessel with an overall length of more than 15 metres, flying the flag of a Member State of the European Union or operating in the territorial sea or internal sea or unloading its catch in an Estonian port, shall be equipped with the Class A AIS equipment which conforms to the requirements established pursuant to subsection 3 of § 19¹ of this Act.

(2) The AIS equipment of a ship must contain valid data and must be switched on, unless international agreements prescribe the protection of navigational information, or unless, in exceptional cases, the master of a fishing vessel considers it necessary to switch off the AIS equipment in the interests of the safety or security of their ship.

(3) The AIS equipment is not required for:

1) passenger ships with a gross tonnage of less than 300 and engaged in domestic voyages;

2) ships with a gross tonnage of 300 and more but less than 500 which are not passenger ships and only engage in domestic voyages outside fairways which are usually used by ships with AIS equipment.

(4) A ship or recreational craft providing services to a ship in an anchorage area or in a roadstead of a port (hereinafter vessel servicing the roadstead) must be equipped with the following which must be turned on and comply with the requirements established by this Act:

1) Class A AIS equipment, if the anchorage area or roadstead of a port is located more than nine nautical miles from the coastline;

2) at least Class B AIS equipment, if the anchorage area or roadstead of a port is located within nine nautical miles of the coastline.

§ 53². Voyage data recorder

(1) A passenger ship entering an Estonian port and a ship with a gross tonnage of 3000 or more which is not a passenger ship shall be fitted with a voyage data recorder (VDR) which conforms to the requirements of Chapter V of the International Convention for the Safety of Life at Sea.

(2) The voyage data recorder is not required for a passenger ship of classes B, C and D engaged in domestic voyages, as set out in the legislation established pursuant to subsection 6 of § 19 of this Act.

(3) A cargo vessel built before 1 July 2002 may be fitted with a simplified voyage data recorder (S-VDR) which conforms to the requirements of Chapter V of the International Convention for the Safety of Life at Sea.

(4) The Transport Administration may exempt a ship built before 1 July 2002, except a passenger ferry, from the requirement for fitting with a voyage data recorder if the operator proves that the attuning the recorder with the existing equipment of the ship is unpractical.

(5) The provisions of this section shall apply also to ships flying a foreign flag. The Transport Administration shall not apply the requirement for fitting with a voyage data recorder specified in subsection 4 of this section to ships flying a foreign flag which have been built before 1 July 2002, except passenger ferries, if the flag state of the ship is exempted from said requirement.

§ 53³. Notification of arrival and departure of ships

(1) The operator, master or ship’s agent shall forward a notice of arrival of a ship at an Estonian port accompanied by relevant information to the Transport Administration twenty-four hours before the arrival of the ship. The notice need not be forwarded regarding a ship engaged in domestic voyages.

(2) Regarding a ship flying a foreign flag subject to expanded inspection, the operator, master or ship’s agent shall forward a notice of arrival of the ship at an Estonian port accompanied by relevant information to the Transport Administration seventy-two hours before the arrival of the ship.

(3) The information set out in subsection 1 of this section can be communicated immediately after the departure from a previous port if the steaming time is less than twenty-four hours or as soon as such information is available if the port of call is not known or if the port of call is changed during the voyage.

(4) The operator, master or agent of a ship flying a foreign flag shall communicate to the Transport Administration the time of berthing of the ship and the time of her departure from the port within one hour after the berthing or departure.

(5) The operator, master or ship’s agent shall inform the Transport Administration about the departure of the ship from a repair yard four hours before the departure of the ship.

(6) The information set out in subsections 1–5 of this section shall be communicated via the Electronic Maritime Document Exchange. If the Electronic Maritime Document Exchange does not function, the information can be communicated in another manner.

(7) The list of information to be submitted upon notification of the arrival of a ship shall be established by a regulation of the minister in charge of the policy sector.

§ 53⁴. Exemptions from forwarding of notice of arrival at port

(1) The Transport Administration may exempt a ship from the requirement for notification of arrival at a port as specified in subsections 1 and 3 of § 53³ of this Act. The requirements and procedure provided for in § 42¹ of this Act are applied to making such an exemption.

(2) The Transport Administration shall forward a list of the operators regarding whom and the ships regarding which an exemption has been made, as well as any amendments to such list, to the European Commission.

§ 54. Purpose of pilotage

(1) Pilotage of ships is conducted in the compulsory pilotage area to ensure the safe navigation of ships.

(2) This Chapter is also applied to ships flying a foreign flag.

§ 55. Procedure for pilotage, places where pilot embarks or disembarks ship, and pilotage zones

(2) The procedure for pilotage, the places where a pilot embarks or disembarks a ship, and the pilotage zones are established by a regulation of the minister in charge of the policy sector.

(3) The place where a pilot embarks or disembarks a ship may be in the internal sea if navigation in the area is not complicated. The places where a pilot embarks or disembarks a ship shall be marked in navigational charts and published in the navigational information and sailing directions.

(4) In areas of vessel traffic where pilotage is not compulsory, the master has the right to require a pilot on board if he or she deems pilotage to be necessary.

§ 56. Pilotage services

(1) Pilotage services are provided by the Estonian State Fleet.

(2) A port authority may provide pilotage services in a port basin for the shifting or docking of a ship.

(3) A ship’s agent and harbour master must inform the master of the ship about the necessity for ordering a pilot in the compulsory pilotage area.

§ 57. Exemption from compulsory pilotage

(1) The following are exempt from compulsory pilotage in the compulsory pilotage area:

1) ships performing state administrative duties and flying the national flag of Estonia, and ships providing services to the state;

1¹) ships while providing port services, considering the specification provided for in subsection 6 of this section, and ships which belong to the dredging fleet flying the national flag of Estonia;

2) all recreational craft and ships with a gross tonnage of less than 500;

3) ships whose master, or passenger ships whose master and chief mate have passed the examination for free pilotage and who hold a pilot exemption certificate;

4) ships flying the national flag of Estonia while passing through the Väinameri Sea and Soela Strait, and ships flying the national flag of Estonia and providing regular services in the area of domestic voyages;

5) ships upon saving human lives, prevention of an accident or reduction of damage arising from an accident;

6) ships which, due to the impact of force majeure, cannot use pilotage services;

7) military vessels of the Republic of Estonia;

7¹) Military vessels of a Member Country of the North Atlantic Treaty Organization and other foreign countries with which Estonia cooperates militarily, as well as vessels of European Union Member States and European Economic Area Member States performing coastal and border guard and pollution control functions, except in cases where the vessel is using a tugboat service in the port basin for manoeuvring or entering or leaving the port, or where pilotage is required by the port authority;

8) ships arriving at and leaving the anchorage in accordance with the procedure for pilotage established pursuant to subsection 2 of § 55 of this Act.

(1¹) The operator of the ship engaged in the provision of port services as specified in clause 1¹ of subsection 1 of this section shall, in order to be granted an exemption, notify the Transport Administration and the provider of pilotage services set out in subsection 1 of § 56 of this Act about the name, IMO number, flag state and gross tonnage of the ship at least five working days before starting the provision of port services with said ship in the port.

(2) Ships flying the national flag of Estonia with a gross tonnage of less than 20 000 are exempt from pilotage in the compulsory pilotage area, except while entering a port and leaving the port and within the port basin.

(5) Ships flying a foreign flag which belong to a dredging fleet while entering and leaving a port basin during the period of dredging activities after least ten trips of pilotage, are exempt from compulsory pilotage.

(6) Chemical tankers and liquefied gas carriers with a gross tonnage of 500 or more, and oil tankers with a gross tonnage of over 3000 shall not be exempted from compulsory pilotage, except tugs while providing port services in a port or anchorage which can be exempted from compulsory pilotage in accordance with the procedure provided for in § 57¹ of this Act.

(7) The exemption from pilotage shall be applied to a tow on the basis of the sum of gross tonnages of the tugboat and towed water craft which belong to the tow, and the flag of the tugboat.

§ 57¹. Pilot exemption certificate and conditions for issue thereof

(1) A pilot exemption certificate provides a ship with a right to navigate in the compulsory pilotage area without using the pilotage service. The ships specified in clauses 1, 1¹, 2 and 4–7 of subsection 1 and subsections 2 and 5 of § 57 of this Act that are exempt from compulsory pilotage need not have the pilot exemption certificate.

(2) An operator shall file with the Transport Administration an application for the issue of a pilot exemption certificate to be granted to the master or in the case of a passenger ship to the master and chief mate of the passenger ship.

(3) If a pilot exemption certificate is applied for to the master and chief mate of a passenger ship, the master and chief mate, each in his or her position, is required to have called at the same port at least ten times under the guidance of a pilot during the last twelve months.

(4) If a pilot exemption certificate is applied for to the master, the master is required to have called at the same port at least ten times under the guidance of a pilot during the last twelve months.

(5) Calling at a port within the meaning of subsections 3 and 4 of this section means one entry into and leaving the port, while the ship is manoeuvred only by only the master or chief mate to whom the pilot exemption certificate is applied for.

(5¹) When visiting a port under the guidance of a pilot referred to in subsections 3 and 4 of this section, a pilot order must be submitted and pilotage dues must be paid in accordance with the established rates.

(6) In order to obtain a pilot exemption certificate, the master or chief mate shall pass an examination for free pilotage. Examinations for free pilotage are organised by the Transport Administration. The examination for free pilotage consists of a theoretical and practical part. The examination is taken in the Estonian language.

(6¹) If a pilot exemption certificate is applied for and the period of free pilotage is not over twelve months, the theoretical part of the examination for free pilotage shall be passed in order to receive the certificate. Subsections 3 and 4 of this section shall not be applied to applying for a pilot exemption certificate if up to 24 months have passed since the expiry of the previously issued pilot exemption certificate.

(7) A pilot exemption certificate is valid for five years.

(8) A pilot exemption certificate is valid only in the port regarding which the examination for free pilotage was passed.

(9) The procedure for applying for, issue, suspension and revocation of a pilot exemption certificate, the procedure for examination of a master and chief mate, the list of subjects of examination questions and the data to be entered in the certificate are established by a regulation of the minister in charge of the policy sector.

(10) A state fee shall be paid for administering an examination for free pilotage and for the issue of a pilot exemption certificate.

§ 57³. Refusal to issue pilot exemption certificate, and suspension and revocation of pilot exemption certificate

(1) The Transport Administration shall refuse to issue a pilot exemption certificate if:

1) the master or chief mate does not conform to the requirements provided for in legislation;

2) the master or chief mate does not pass the examination for free pilotage; or

3) if in the last twelve months a marine casualty or marine incident has taken place with the ship or the maritime safety requirements regarding free pilotage were violated by the fault of the master of chief mate.

(2) The Transport Administration may suspend a pilot exemption certificate for up to six months if a marine incident took place or the maritime safety requirements regarding free pilotage were violated as a result of an act or omission of the holder of the pilot exemption certificate.

(3) If the holder of the pilot exemption certificate does not exercise free pilotage for a continuous period of over twelve months, the pilot exemption certificate is automatically suspended.

(4) If a pilot exemption certificate is suspended or automatically suspended, both the theoretical part as well as the practical part of the examination for free pilotage shall be passed in order to reinstate the validity of the pilot exemption certificate. If the period of validity of a pilot exemption certificate expires during the suspension of the pilot exemption certificate, a new pilot exemption certificate shall be applied for pursuant to § 57¹ of this Act.

(5) The Transport Administration may revoke a pilot exemption certificate if a marine casualty takes place with a ship as a result of an act or omission of the holder of the pilot exemption certificate.

(6) Upon revocation of a pilot exemption certificate, an operator may apply for a new pilot exemption certificate for the same person after the lapse of 12 months.

§ 58. Requirements for pilots and qualification levels of pilots

(1) A pilot is a person who is familiar with the circumstances of the given area of vessel traffic and who advises the master of a ship on navigation of the ship. A pilot shall not be a crew member of the piloted ship or the master of the serviced port.

(2) A person who has a certificate of competency as the master or chief mate of a ship with a gross tonnage of 3000 or more or a certificate of competency as the master of a ship with a gross tonnage of less than 3000 may work as a pilot.

(2¹) A pilot shall conform to the qualification requirements established with regard to pilots. The conformity of a person to the qualification level of a pilot shall be attested by a professional certificate of a pilot issued by the Transport Administration.

(2²) The qualification levels of a pilot are classified as follows:

1) port pilot – pilotage of ships within a port basin;

2) marine pilot – pilotage of ships within a pilotage zone depending on the restrictions entered in the professional certificate of the pilot, but not pilotage of ships with a gross tonnage of over 100,000;

3) senior marine pilot – pilotage of ships within a pilotage zone without restrictions;

4) deep-sea pilot – pilotage of ships outside the compulsory pilotage area within the Baltic Sea.

§ 58¹. Application for and issue of professional certificate of pilot and raising the qualification level of pilot

(1) A person applying for the profession of a pilot (hereinafter pilot apprentice) shall conform to the following requirements:

1) hold the certificate of competency specified in subsection 2 of § 58 of this Act;

2) be proficient in the Estonian language at level B2 or an equivalent level and be proficient in the English language at a level needed for performing his or her duties;

3) shall have undergone at least the course for a restricted operator’s certificate, course for using radar navigation and automatic radar blocking aid (ARPA), and course for using electronic chart display and information systems (ECDIS), and hold the respective certificates;

4) shall conform to the requirements established for the state of health of a deck officer established pursuant to § 26 (7) of this Act.

(2) A pilot may apply for the profession of a port pilot or marine pilot if he or she has undergone the practical pilotage exercises for pilots which consist in participating in pilotage for at least 150 times, including at least 75 times in practical pilotage under the guidance of a marine pilot or senior marine pilot within a port basin or within the respective pilotage zone.

(3) A port pilot may apply for the profession of a marine pilot if he or she has participated in practical pilotage at least 75 times under the guidance of a marine pilot or senior marine pilot in the respective pilotage zone.

(4) A marine pilot may apply for the profession of a senior marine pilot if they have worked as a marine pilot in the given pilotage zone for at least four years and have performed pilotage at least 700 times, at least ten times of which were practical pilotages under the guidance of a senior marine pilot.

(5) The profession of a deep-sea pilot can be applied for by a person who has the Estonian certificate of competency and who has worked as a master or chief mate on a ship with a gross tonnage of 3000 or more for at least four years or who has the profession of a senior marine pilot.

(5¹) A pilot apprentice or a pilot may apply for the profession of the pilot specified in subsections 2, 3, 4 or 5 of this section if no marine casualty, marine incident or violation of the maritime safety requirements regarding pilotage which brings about the liability of the pilot or pilot apprentice pursuant to subsection 3 of § 62 of this Act has taken place due to the acts or omissions of the pilot apprentice or pilot during the past 12 months before submission of the respective application.

(5²) In order to obtain the profession of a deep-sea pilot, the employer of the applicant or senior marine pilot submits to the Transport Administration:

1) an application;

2) the documents necessary to prove compliance with the requirements specified in clauses 2–4 of subsection 1 and subsections 5 and 5¹ of this section, unless these are available from the register of seafarers;

3) certificates issued by a maritime educational institution with an activity license which is in compliance with clause 11 of § 7 of this Act on completion of the curriculum for deep-sea pilots of the Baltic Sea and the curriculum on the operation of ships in polar waters.

(6) In order to be awarded the profession of a pilot or to raise the qualification level of a pilot, a person has to pass a qualification examination where the knowledge and skills of the pilot apprentice or pilot are examined. The qualification examinations shall be organised by the Transport Administration.

(7) The professional certificate attesting the conformity of a pilot with the qualification requirements is valid for five years. The professional certificate shall indicate the conditions which consist of the pilotage zones, ports, and other restrictions on pilotage depending on the level of professional training of the pilot.

(7¹) Upon initial issue of the professional certificate of a marine pilot, the certificate shall include the restriction of no pilotage of chemical tankers, liquefied gas carriers or oil tankers with a gross tonnage of over 25,000, and of other ships with a gross tonnage of over 50,000.

(8) The procedure for applying for the profession or qualification level of a pilot, for the issue of professional certificates of pilots, the procedure for examination of pilot apprentices and pilots, the list of subjects of examination questions and the list of data to be entered in the professional certificate are established by a regulation of the minister in charge of the policy sector.

(9) A state fee shall be paid for administering a qualification examination of pilots and for the issue of the professional certificate of a pilot.

§ 58². Alteration of the conditions of professional certificate of pilot

(1) For altering the conditions entered in the professional certificate of a pilot, the employer of the pilot submits to the Transport Administration the pilot’s application and the documents necessary to prove compliance with the requirements specified in subsection 2, 3, 4 or 4¹ of this section.

(2) In order to alter the pilotage zone, a pilot is required to practice in the new area at least ten times under the guidance of an appropriate pilot of the new area, and pass the qualification examination. If no marine casualty, marine incident or violation of maritime safety requirements regarding pilotage has taken place due to the acts or omissions of the pilot during the past 12 months while he or she has been operating as a pilot which brings about the liability of the pilot pursuant to subsection 3 of § 62 of this Act, the qualification examination shall be taken according to a simplified procedure.

(3) In order to change the restriction established for a marine pilot of no pilotage of chemical tankers, liquefied gas carriers or oil tankers with a gross tonnage of over 25,000 into a restriction of no pilotage of chemical tankers, liquefied gas carriers or oil tankers with a gross tonnage of over 50,000, and the restriction of no pilotage of gross tonnage of over 50,000 into a restriction of no pilotage of gross tonnage of over 100,000, the marine pilot is required to work as a pilot in the pilotage zone for at least two years or perform pilotage for at least 500 times.

(4) In order to change or eliminate port restrictions of the pilotage zone, a marine pilot is required to practice pilotage in a port of the respective area at least ten times under the guidance of an appropriate pilot, and pass the qualification examination for the relevant port. Where it is not possible for a pilot to practice pilotage in the port in order to change or eliminate port restrictions of the pilotage zone due to the scarcity or absence of ships visiting the port, the required number of pilotages must be performed on a simulator of a maritime educational institution with an activity license which is in compliance with clause 11 of § 7 of this Act.

(4¹) For pilotage in a new port established in a pilotage zone, where it is not possible to practise in accordance with paragraph 4 of this section, the pilot must undergo appropriate training at a maritime educational institution with an activity license which is in compliance with clause 11 of § 7 of this Act, including practising pilotage on a simulator at least ten times, and pass the qualification examination for the respective port.

(5) The restriction specified in subsection 3 or 4 of this section shall be changed or the restriction shall be eliminated if no marine casualty, marine incident or violation of maritime safety requirements regarding pilotage which brings about the liability of the pilot pursuant to subsection 3 of § 62 of this Act has taken place due to the acts or omissions of the pilot during the past 12 months before submission of the application for altering the conditions entered in the professional certificate of the pilot.

(6) The procedure for altering the conditions of the professional certificates of pilots shall be established by a regulation of the minister in charge of the policy sector.

§ 58³. Renewal of professional certificate of pilot

(1¹) Before the expiry of the professional certificate of a pilot, the employer of the pilot submits to the Transport Administration an application for renewal of the professional certificate of the pilot.

(1²) In order to renew the professional certificate, the pilot must pass a qualification examination.

(2) If no marine casualty, marine incident or violation of maritime safety requirements regarding pilotage which brings about the liability of the pilot pursuant to subsection 3 of § 62 of this Act has taken place due to the acts or omissions of the pilot during the past 12 months while he or she has been operating as a pilot, the qualification examination shall be taken according to a simplified procedure..

(3) The procedure for renewal of the term of the professional certificates of pilots shall be established by a regulation of the minister in charge of the policy sector.

§ 58⁴. Refusal to issue or renew professional certificate of pilot; suspension and revocation of professional certificate of pilot

(1) The Transport Administration shall refuse to issue the professional certificate of a pilot if:

1) during the past 12 months before applying for the professional certificate, a marine casualty or a marine incident which brings about the liability of the pilot apprentice pursuant to subsection 3 of § 62 of this Act took place due to the acts or omissions of the pilot apprentice;

2) the pilot apprentice does not pass the qualification examination;

3) during the past 12 months before applying for the professional certificate, the pilot has violated maritime safety requirements regarding pilotage.

(2) The Transport Administration shall refuse to renew the professional certificate of a pilot if the pilot does not pass the qualification examination.

(3) The Transport Administration may suspend the professional certificate of a pilot for up to six months if a marine incident took place or the maritime safety requirements regarding pilotage were repeatedly violated due to the acts or omissions of the pilot. After the expiry of the suspension of a professional certificate, the holder of the certificate can reinstate the validity of the certificate by passing the qualification examination for pilots.

(4) The Transport Administration may revoke the professional certificate of a pilot if a marine casualty takes place with a ship, and the pilot is held responsible pursuant to subsection 3 of § 62 of this Act.

(5) If the professional certificate of a pilot is revoked, a new professional certificate of a pilot can be applied for after the lapse of 12 months.

(6) The procedure for refusal from the issue and renewal of professional certificates of pilots and for suspension and revocation of professional certificates shall be established by a regulation of the minister in charge of the policy sector.

§ 58⁵. Obligations of employer of pilot

The employer of a pilot is required to:

1) keep account of the pilotage and professional traineeship activities of pilot apprentices;

2) for obtaining the profession of a pilot, submit the application of the pilot or pilot apprentice and the documents necessary to prove the pilotages or work experience specified in subsections 1–4 of § 58¹ and subsections 2–4² of § 58² of this Act to the Transport Administration, unless these are available from the database maintained by the Transport Administration;

3) organize training for pilots in case a change in the navigational conditions is planned in their pilotage zone, new ports are commissioned or, where necessary, prior to the qualification examination;

5) where a pilot has not worked in the pilotage zone for 12 months or more, organise the practice for the pilot in such zone at least ten times under the guidance of an appropriate pilot of the zone, or in part or in full on a simulator of a maritime educational institution with an activity license which is in compliance with clause 11 of § 7 of this Act.

§ 59. Pilotage of ship

(1) The instructions provided by a pilot are advisory in nature. The pilot shall give instructions to the master of a ship in a timely manner.

(2) The master and watch officer shall co-operate with the pilot. They shall use all available means to verify the location of the ship.

(3) If the master leaves the navigation bridge, he or she shall notify the pilot of such leave and appoint a person who is responsible for commanding the ship during his or her absence.

(4) If there are several pilots on a ship, one of them shall be the chief pilot who provides information and advice to the master. Upon arrival on a ship, the chief pilot shall inform the master that he or she is the chief pilot.

(5) It is prohibited to interfere with the co-operation between the master and a pilot.

(6) A pilot and the master of the piloted ship shall communicate with one another in English, unless otherwise agreed between the pilot and the master. If the pilot, with the consent of the master of the piloted ship, provides instructions necessary for navigation of the ship directly to the person who is to carry them out or to the master of a tugboat or of another ship participating in the navigation of the piloted ship, the pilot shall provide such instructions or duplicate them in English, unless otherwise agreed between the pilot and the master of the piloted ship.

(7) When entering a compulsory pilotage area located in the vessel traffic services area and leaving a port located in the vessel traffic services area, the master of the ship must inform the vessel traffic service operator about the name of the holder of the pilot exemption certificate, and for a passenger ship, also the name of the chief mate. Information may be communicated to the vessel traffic service operator also electronically beforehand.

§ 60. Pilotage of ship under special conditions

If a pilot cannot go on board due to poor hydrometeorological conditions or for any other reason, the pilot shall, with the consent of the master of the ship, organise the pilotage of the ship from a pilot boat or other ship, except from another ship that is being piloted. In order to pilot from another ship, the pilot must have the option to use equipment for monitoring the movement of the ship and for communication. The pilot and the master of the ship must be convinced that maritime safety is ensured in the best possible way upon such movement of the ship.

§ 60¹. Simultaneous pilotage of ships

(1) A senior marine pilot may pilot multiple vessels simultaneously if the following conditions are met:

1) the pilot must have the consent of the masters of all ships being piloted simultaneously;

2) the pilot must be able to use the equipment of a ship being piloted which is necessary for monitoring the movement of all ships being piloted simultaneously and for communication;

3) the pilot and the masters of all ships being piloted simultaneously must be convinced that safety at sea is ensured.

(2) The senior marine pilot issues a separate pilot bill for each ship being piloted simultaneously.

(3) The rules and more detailed conditions for the simultaneous pilotage of ships are established by a regulation of the minister in charge of the policy sector.

§ 61. Start and completion of pilotage

(1) The pilotage starts at the moment when the ship starts manoeuvring in accordance with the advice of a pilot, but not later than when the ship enters a compulsory pilotage area.

(1¹) The pilotage of a ship is complete when the ship:

1) is anchored or berthed, or

2) has left the compulsory pilotage area.

(2) A pilot may depart from a ship before the ship leaves the compulsory pilotage area due to hydrometeorological conditions or for any other reason if the master agrees thereto, and continue pilotage by means of radiocommunications according to the conditions provided for in § 60 of this Act. A pilot must be convinced that further navigation of the ship without a pilot on board is safe.

(3) If a pilot is unable to depart from a ship at the destination of the pilotage for reasons independent of the pilot or if the master wishes the pilotage to be continued, the operator shall incur the costs of returning the pilot to the place of departure.

§ 62. Obligations and liability of pilot

(1) The duty of a pilot is to advise the master on commanding the ship.

(2) A pilot is required:

1) to check the draught and freeboard of a ship before arriving on the ship and if the ship is loaded higher than the limit marked by the load line mark or the maximum draught permitted by port rules, notify the Transport Administration, the harbour master and the employer;

2) at the request of the master, to present his or her professional certificate of a pilot to the master;

3) to examine the checklist of the ship. If the pilot discovers that the condition of the ship differs from the condition corresponding to the entries in the checklist and that the actual condition of the ship reduces maritime safety, he or she is required to promptly notify the employer, the Transport Administration and the harbour master;

4) inform the master of the ship of the hydrographic, navigational, meteorological and other conditions in the pilotage zone, and prepare a pilotage plan with the master of the ship;

5) before the ship leaves a port, to verify whether or not the ship has been prohibited from leaving the port;

6) to monitor the condition of seamarks and coastal marks in the pilotage zone;

7) at the earliest opportunity to notify the employer, the Transport Administration and the harbour master of changes or hindrances in the pilotage zone which endanger navigation;

8) at the earliest opportunity to notify the employer, the Transport Administration and the harbour master of a marine casualty involving the piloted ship or damage caused by the piloted ship to another water craft, port structure, hydrotechnical structure or aid to navigation;

9) to inform the Defence Forces, and in a port, also the harbour master of any marine pollution;

10) to inform the vessel traffic service operator about commencing pilotage in the vessel traffic services area, method of pilotage and disembarkation from the ship only in case the pilot departs from the ship pursuant to subsection 2 of § 61 of this Act.

(3) A pilot is liable for a marine casualty if it is proven that the casualty was caused by an intentional act or omission on the part of the pilot or by erroneous advice provided by the pilot on the basis of which it was impossible for the master of the ship to foresee the marine casualty. The provisions of this subsection shall apply also to a pilot apprentice in the cases provided by law.

(4) The list of data to be entered in the checklists of ships shall be established by the minister in charge of the policy sector.

§ 63. Rights of pilot

A pilot has the right to:

1) obtain information necessary for the pilotage of a ship from the master of the ship and a harbour master;

2) use the means of communication and navigation equipment of the ship;

4) alimentation and accommodation free of charge on ship;

5) be accompanied by a pilot apprentice who has the rights of a pilot, except the right to provide information and advice to the master.

§ 64. Refusal to pilot ship

(1) Before pilotage commences or during pilotage, a pilot has the right to refuse to pilot a ship if:

1) the draught, length or width of the ship is greater than permitted in the given pilotage area;

2) the master of the ship does not comply with the justified demands of the pilot;

3) the commencement or continuation of pilotage would endanger the piloted ship, persons on board the ship, property on board the ship or other participants in vessel traffic or would reduce the security of the surroundings.

(1¹) A pilot shall refuse to pilot a ship to a port or anchorage if the ship is subject to the refusal of access to port, considering the specifications provided for in subsection 2 of § 79³ of this Act.

(2) The pilot shall warn the master of any direct navigational danger even if the pilot has refused to pilot the ship.

(3) If the activity of the master is contrary to the procedure in force in the given pilotage area, the pilot shall demand the immediate termination of the violation. If the master refuses, the pilot shall promptly notify the employer, the Transport Administration and the harbour master about the refusal.

(4) A pilot does not have the right to disembark from a ship without the consent of the master until the ship is safely anchored, made fast at a berth, or has left the compulsory pilotage area or until another pilot replaces them.

(5) If a pilot refuses to pilot a ship, the pilot shall immediately notify his or her employer and the harbour master about the refusal.

§ 65. Obligations and liability of master

(1) The master is required to organise the swift and safe embarkation of a pilot on the ship and the swift and safe disembarkation of the pilot from the ship.

(2) The presence of a pilot on a ship does not release the master from his or her liability to command the ship.

(3) A master who uses the services of a pilot is liable for commanding the ship even if, with his or her consent, the pilot gives instructions which are necessary to command the ship directly to the person who is to carry them out.

(4) The master is liable for the communication of information to the pilot regarding the characteristics and other peculiarities of the ship which are important upon pilotage of the ship.

(5) A master who uses the services of a pilot is liable for the safety of the pilot and pilot apprentice when they embark on the ship, stay on the ship and disembark from the ship.

§ 66. Right of master to decline to use services of pilot

(1) The master may decline to use the advice of a pilot sent to the ship if he or she finds that the advice does not correspond to the actual situation or the pilot is not able to perform his or her duties. In such case, he or she shall request another pilot to be sent to the ship.

(2) If the master has declined to use the services of the pilot on board the ship in a compulsory pilotage area, the pilot must stay on board the ship until the arrival of a new pilot.

§ 67. Pilot bill

(1) A pilot prepares a pilot bill regarding pilotage and enters the information on pilotage in the bill.

(2) The list of data to be entered in pilot bills shall be established by a regulation of the minister in charge of the policy sector.

§ 68. Pilotage dues and payment of pilotage dues

(2) The pilotage dues are paid by the operator, ship’s agent or port authority in accordance with the pilot order, except in the case specified in subsection 5 of this section.

(2¹) Pilotage dues are calculated with a view to the purpose of ensuring the continuity, quality and sustainability of the pilotage service by making the necessary investments and taking into account the need to ensure the development of the maritime economy.

(2²) In the case of pilotage in a port basin, the lower and upper limits of pilotage dues for piloted ships of the following gross tonnages are:

1) up to 250 – 34 and 44.2 euros;

2) 251 up to 500 – 70 and 91 euros;

3) 501 up to 1000 – 139 and 180.7 euros;

4) 1001 up to 1500 – 202 and 262.6 euros;

5) 1501 up to 2000 – 269 and 349.7 euros;

6) 2001 up to 3000 – 335 and 435.5 euros;

7) 3001 up to 5000 – 387 and 503.1 euros;

8) 5001 up to 7500 – 478 and 621.4 euros;

9) 7501 up to 10 000 – 581 and 755.3 euros;

10) 10 001 up to 12 500 – 617 and 802.1 euros;

11) 12 501 up to 15 000 – 742 and 964.6 euros;

12) 15 001 up to 18 000 – 865 and 1124.5 euros;

13) 18 001 up to 24 000 – 989 and 1285.7 euros;

14) 24 001 up to 30 000 – 1174 and 1526.2 euros;

15) 30 001 up to 40 000 – 1360 and 1768 euros;

16) 40 001 up to 60 000 – 1545 and 2008.5 euros;

17) 60 001 up to 80 000 – 1854 and 2410.2 euros;

18) 80 001 up to 100 000 – 2192 and 2849.6 euros;

19) 100 001 up to 120 000 – 2530 and 3289 euros;

20) over 120 001 – 2869 and 3729,7 euros.

(2³) In the case of pilotage outside a port basin, pilotage dues are calculated on the basis of the gross tonnage of the piloted ship and the pilotage distance. In the case of pilotage outside a port basin, the lower and upper limits of pilotage dues for piloted ships of the following gross tonnages are:

1) up to 250 – 27 and 71.5 euros;

2) 251 up to 500 – 42 and 145.6 euros;

3) 501 up to 1000 – 55 and 198.9 euros;

4) 1001 up to 1500 – 66 and 313.3 euros;

5) 1501 up to 2000 – 80 and 435.5 euros;

6) 2001 up to 3000 – 94 and 522.6 euros;

7) 3001 up to 5000 – 102 and 587.6 euros;

8) 5001 up to 7500 – 115 and 669.5 euros;

9) 7501 up to 10 000 – 141 and 770.9 euros;

10) 10 001 up to 12 500 – 160 and 834.6 euros;

11) 12 501 up to 15 000 – 197 and 964.6 euros;

12) 15 001 up to 18 000 – 247 and 1124.5 euros;

13) 18 001 up to 24 000 – 321 and 1318.2 euros;

14) 24 001 up to 30 000 – 396 and 1510.6 euros;

15) 30 001 up to 40 000 – 469 and 1768 euros;

16) 40 001 up to 60 000 – 543 and 2003.3 euros;

17) 60 001 up to 80 000 – 617 and 2410.2 euros;

18) 80 001 up to 100 000 – 721 and 2724.8 euros;

19) 100 001 up to 120 000 – 796 and 3039.4 euros;

20) over 120 001 – 870 and 3352.7 euros.

(2⁴) In addition to the pilotage dues specified in subsections 2² and 2³ of this section, the following surcharges apply:

1) special case surcharge in case of docking of a ship, determination of deviation, rescue work, and at-sea tests;

2) waiting time surcharge in case of waiting time;

3) false call surcharge in the case of a false call of a pilot;

4) surcharge for piloting a ship with more than one pilot.

(2⁵) In lieu of the pilotage dues referred to in subsections 2² and 2³ of this section, a charge for the change of an order applies in the event of changing the call for a pilot, and a cancellation charge applies in the event of cancellation of an order for a pilot, subject to the specifications referred to in subsection 3 of this section.

(2⁶) In the case of deep-sea pilotage or pilotage in the Väinameri sea, in the evening or at night, on days off or on public holidays, as well as in the case of pilotage of unmanned floating object or in the case of a hindrance to the departure of the pilot from the piloted ship, the pilotage dues are calculated on the basis of the relevant specifications.

(2⁷) The pilotage dues and the surcharges specified in subsection 2⁴ of this section, the charge specified in subsection 2⁵ and the rates of the specifications set out in subsection 2⁶ are established by a regulation of the minister in charge of the policy sector.

(2⁸) Where ships are piloted simultaneously, the pilotage dues are paid for each ship piloted on the basis of the rates of pilotage dues established on the basis of subsection 2⁷ of this section.

(3) Where a pilot has been ordered for a ship in an area of vessel traffic where pilotage is not compulsory and then the service of the pilot is declined, the operator or the ship’s agent pays the pilotage dues on the basis of the rates of pilotage dues established on the basis of subsection 2⁷ of this section.

(4) Pilotage dues are not paid for a ship which is exempt from compulsory pilotage and does not use pilotage services. The following are also exempt from pilotage dues:

1) floating hospitals and ships engaged in training and research programmes;

2) ships participating in international co-operation programmes;

3) foreign ships which arrive for a state visit;

4) ships which enter a port in order to transport sick persons, persons who have survived a marine casualty or the deceased to the shore.

(5) The person hosting a ship or the person that invited a ship that is exempt from pilotage dues pays the pilotage dues for the provision of pilotage services to the ships specified in clauses 1–3 of subsection 4 of this section. In said cases the pilotage dues are paid in the amount of 50 per cent of the pilotage dues calculated on the basis of the rates of pilotage dues established on the basis of subsection 2⁷ of this section.

(5¹) Pilotage dues are paid into the state budget.

(5²) Pilotage dues are calculated and payment notices are issued by the Estonian State Fleet.

(5³) The Estonian State Fleet submits a payment notice for the payable pilotage dues to the person indicated in the pilot order as the payer of the pilotage dues. Where the details of the person indicated in the pilot order as the payer of the pilotage dues are incomplete or incorrect, the Estonian State Fleet submits the payment notice to the ship’s agent.

(5⁴) A payment notice is prepared on the basis of the data in the pilot bill. A single payment notice may be prepared and submitted for multiple pilotages.

(5⁵) The payment notice is submitted to the payer of pilotage dues within 30 days of the provision of the pilotage service.

(5⁶) The following is indicated in a payment notice:

1) name of the issuer of the payment notice;

2) given name and surname of the person who prepared the payment notice and their job title;

3) date of preparation of the payment notice;

4) name, registry code and address of the payer of pilotage dues;

5) number and date of issue of the pilot bill;

6) name of the piloted ship;

7) amount of the payable pilotage dues;

8) legal and factual basis of the payment notice;

9) due date of payment;

10) a warning concerning the obligation to pay an interest on arrears and the commencement of compulsory enforcement in case of failure to pay pilotage dues by the due date.

(5⁷) A payment notice is submitted to the payer of pilotage dues via the Electronic Maritime Document Exchange.

(5⁸) The term for payment of pilotage dues is 30 days from the date of making the payment notice available in the Electronic Maritime Document Exchange.

(6) A payment notice ordering the payment of pilotage dues is an enforceable title for the purposes of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure. If the person receiving the payment notice does not pay the pilotage dues on time, the pilotage dues become enforceable upon the expiry of the term specified in subsection 5⁸ of this section. A confirmation of the enforceability of the payment notice is appended to the enforceable title by the Estonian State Fleet.

(7) If the person receiving the payment notice fails to pay pilotage dues on time, they must pay an interest on arrears on the overdue amount at the rate of 0.05 per cent per day starting from when the pilotage dues become enforceable until the due performance, but in an aggregate amount not exceeding the amount of the pilotage dues stated in the payment notice submitted to them by the Estonian State Fleet.

(8) The provider of pilotage services may refuse to provide pilotage services to a ship if the due date for payment of the pilotage dues indicated in the payment notice issued for previous pilotage of the same ship or another ship of the same operator has passed and the pilotage dues have not been paid.

§ 68¹. Special cases of payment of pilotage dues

(1) Upon pilotage of a tow, the gross tonnage of each water craft in the tow shall be indicated in the pilot bill, the pilotage dues shall be calculated on the basis of the sum of the gross tonnages of the water craft included in the tow.

(2) Pilotage dues for a passenger ship engaged in regular service, ro-ro cargo ship, container ship or a car carrier are paid in the amount of 50 per cent of the pilotage dues calculated on the basis of the rates of pilotage dues established on the basis of subsection 2⁷ of § 68 of this Act.

(3) Pilotage dues for a cruise ship are paid in the amount of 80 per cent of the pilotage dues calculated on the basis of the rates of pilotage dues established on the basis of subsection 2⁷ of § 68 of this Act.

(4) Where a ship arrives at a roadstead to increase the ship’s stores (fuel, water, supply of provisions), inspect the underwater hull of the ship or additionally fix the deck cargo, pilotage dues are paid in the amount of 50 per cent of the pilotage dues calculated on the basis of the rates of pilotage dues established on the basis of subsection 2⁷ of § 68 of this Act, provided that the ship does not enter the port or its laytime at the roadstead does not exceed 24 hours. Pilotage dues are calculated on the basis of the actual pilotage outside a port, based on the gross tonnage of the ship. The pilot bill must contain a reference to this subsection.

(5) The pilotage dues for oil tankers with segregated ballast tanks are calculated on the basis of the reduced gross tonnage of the ship which is set out in the tonnage certificate issued pursuant to the International Convention on Tonnage Measurement of Ships of 1969. The reduced gross tonnage is taken into account if a corresponding notation is entered in the section “Notations” of the tonnage certificate of the ship.

§ 69. Definition of marine casualty

(1) A marine casualty is an event or a sequence of events which is directly related to the operation of a ship and which leads to:

1) the death of a person;

2) physical harm caused to a person which results in the person’s incapacity for work for over seventy-two hours during seven twenty-four hour periods after the injury was received;

3) the loss of a person from a ship;

4) the loss, presumed loss or abandonment of a ship;

5) damage caused to a ship that significantly affects the structural integrity, operability or operational characteristics of the ship and requires major repair or replacement of a major component or results in the destruction of the ship;

6) the stranding or disabling of a ship, or involvement of the ship in a collision;

7) damage to marine infrastructure which could seriously endanger a ship, another ship or an individual and which significantly affects the structural integrity, operability or operational characteristics of the marine infrastructure and requires major repair or replacement of a major component or results in the destruction of the marine infrastructure;

8) serious environmental damage or the possibility of serious environmental damage resulting from damage to a ship or ships.

(2) The following is not deemed to constitute a marine casualty:

1) damage to or the malfunction of a ship or shipboard installations unless the certificates of the ship are suspended as a result of an additional survey or unless the ship requires immediate repairs;

2) an event set out in subsection 1 of this section which took place on a ship that had been taken out of service;

3) bare cargo loss;

5) the stranding of the ship on inland waters if the ship got afloat under own power and without being damaged, and it did not obstruct water traffic;

6) a deliberate act or omission, with the intention to cause harm to a ship, an individual or the environment.

§ 69¹. Classification of marine casualties

(1) A very serious marine casualty within the meaning of this Act is a marine casualty that involves:

1) the loss of a ship;

2) death of a person;

3) spillage of 10 tons or more of oil into the water;

4) spillage of 10 tons or more of oil products into the water;

5) spillage of 10 tons or more of environmentally hazardous chemicals of Category Z within the meaning of the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code) into the water;

6) spillage of 5 tons or more of environmentally hazardous chemicals of Category Y within the meaning of the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code) into the water;

7) spillage of 0.5 tons or more of environmentally hazardous chemicals of Category X within the meaning of the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code) into the water.

(2) A serious marine casualty is a marine casualty which does not qualify as a very serious marine casualty and which involves a fire, explosion, collision, grounding, heavy weather damage or ice damage, cracking of the hull or suspected damage to the hull or other such conditions resulting in:

1) immobilization of the main engine, extensive accommodation damage, serious structural damage such as pervasive damage to the underwater hull of the ship that has rendered the ship unseaworthy or unfit to proceed navigation on inland waters;

2) environmental damage;

3) failures on the ship necessitating emergency towing or shore assistance.

(3) A less serious marine casualty is a marine casualty which does not qualify as a very serious marine casualty or serious marine casualty.

(4) A marine incident means an event, or sequence of events, other than a marine casualty, which has occurred directly in connection with the operation of a ship that endangered, or, if not corrected, would endanger the safety of the ship, its occupants or any other person or the environment.

(5) A marine incident does not include a deliberate act or omission, with the intention to cause harm to the safety of a ship, an individual or the environment.

§ 69². Scope of application of investigation and safety investigation

(1) The investigation of marine casualties and marine incidents (hereinafter investigation) and the safety investigation of marine casualties and marine incidents (hereinafter safety investigation) shall be applied to a marine casualty or marine incident which:

1) is connected with a ship flying the national flag of Estonia;

2) has taken place in the territorial sea, internal sea or inland waters of Estonia; or

3) is connected with other material interests of the Republic of Estonia.

(2) Safety investigation shall not be applied to marine casualties and marine incidents involving only:

1) ships of war and troop ships and ships owned or operated by a Member State of the European Union and performing state administrative duties;

2) ships not propelled by mechanical means, wooden ships of primitive build, and ships used for recreational activities, unless they are or will be crewed and carrying more than 12 passengers for commercial purposes;

3) inland vessels;

4) fishing vessels with a length of less than 15 metres;

5) fixed offshore drilling units.

§ 69³. Co-operation in safety investigation

(1) The Safety Investigation Bureau shall conduct the safety investigation in co-operation with the safety investigation authorities of other states, and among other things it may request their assistance or offer its assistance to such authorities with specific expertise, for conducting technical inspections and analyses and providing assessments, and enable a substantially interested safety investigation authority of another state to participate in the safety investigation.

(2) If the safety investigation of a marine casualty or marine incident is conducted, in addition to the Safety Investigation Bureau, also by a safety investigation authority of another Member State of the European Union, the Safety Investigation Bureau shall co-operate in order to agree on the lead investigating state, and delimit, among other things, the duties, rights and obligations of the parties. In the course of co-operation, such safety investigation authority of another Member State of the European Union shall be provided with equal rights and access to witnesses and evidence.

(3) While conducting a safety investigation in parallel with another Member State of the European Union with regard to a marine casualty or marine incident, the Safety Investigation Bureau shall co-operate with the safety investigation authority of the other state in order to reach, as far as possible, shared conclusions. The European Commission shall be notified of a safety investigation conducted in parallel and of the reasons thereof.

(4) If the safety investigation authority of a third country has initiated the safety investigation of a marine casualty or marine incident specified clause 1 or 3 of § 69² of this Act, and the Safety Investigation Bureau has been appropriately engaged therein, the Safety Investigation Bureau may decide not to commence a parallel safety investigation, if the safety investigation lead by the third country is conducted in accordance with the IMO Code for the Investigation of Marine Casualties and Incidents.

(5) If the last state of call of a passenger ferry or high-speed passenger craft is Estonia, and a marine casualty or marine incident takes place with such ship outside the territorial sea or inland waters of a Member State of the European Union, the safety investigation shall be commenced by the Safety Investigation Bureau of Estonia. The Safety Investigation Bureau of Estonia shall be responsible for the conduct of such safety investigation and for co-operating with other Member States of the European Union until it is agreed which of the states involved is the lead investigating state.

(6) If the Safety Investigation Bureau participates in the safety investigation of a third country, the Safety Investigation Bureau shall notify the European Commission of the marine casualty or marine incident by means of the European database for marine casualties.

§ 70. Purpose of investigation and safety investigation

The purpose of an investigation and safety investigation is to identify the circumstances, causes and consequences of a marine casualty or marine incident, and if necessary, to provide recommendations in order to prevent such marine casualty or marine incident in the future and to improve maritime safety, not to point out blame or liability.

§ 71. Investigative body and initiation of safety investigation

(1) The safety investigation of a very serious marine casualty shall be conducted by the Safety Investigation Bureau that is a structural unit of the Ministry of Economic Affairs and Communications. In the event of other marine casualties and marine incidents, the Safety Investigation Bureau shall carry out assessment in order to decide whether or not to undertake a safety investigation, taking into account the seriousness of the marine casualty or marine incident, the type of vessel and cargo involved, and the potential for the findings of the safety investigation to lead to the prevention of future casualties and incidents.

(1¹) Where the Safety Investigation Bureau decides not to initiate the safety investigation in the event of a serious marine casualty, it shall state the reasons for this decision and notify the Transport Administration and, by means of the European database for marine casualties, the European Commission of its decision. The Transport Administration shall be notified of the initiation or non-initiation of the safety investigation of any other marine casualty or marine incident as soon as possible.

(2¹) The safety investigation shall be initiated immediately but no later than two months after the occurrence of the marine casualty or marine incident.

(3) In the event of a marine casualty which results in conduct of the investigation of an occupational accident that has happened to a crew member, the Labour Inspectorate shall submit the investigation report to the Transport Administration and to the Safety Investigation Bureau. In the event of a marine casualty which results in conduct of the investigation due to environmental pollution or danger thereof, the Environmental Board shall submit the investigation report or summary thereof to the Transport Administration and Safety Investigation Bureau.

(6) The Safety Investigation Bureau shall be independent in conducting the safety investigation and making decisions related thereto, and shall be guided only by laws and other legislation and international agreements binding on Estonia. Supervisory control shall not be exercised over the safety investigation activities of the Safety Investigation Bureau.

(6¹) The Safety Investigation Bureau has the right to engage experts and establish committees to ascertain the facts that need specific expertise. An expert or a committee engaged in a safety investigation shall participate in the safety investigation under the guidance and surveillance of the official conducting the safety investigation.

(7) The official conducting a safety investigation has the right to:

1) have immediate access to all relevant areas, the place where the marine casualty took place, to the ship, wreck of the ship, structure, cargo, equipment and debris;

2) demand that the access of unauthorised persons to the site of the casualty be restricted and prohibit the handling, removal and destruction of objects at the site of the casualty;

3) ensure immediate search and immediate listing of evidence, and to separate the wreck of the ship, debris or other components or substances for investigation or analysis;

4) have immediate access to the voyage data recorder and other recorders and their recordings and take control thereof;

5) immediately have at his or her disposal the results of investigation of the deceased victims and results of any analyses of samples taken from the deceased victims;

6) interview witnesses and persons who may have information that is important for the purposes of the safety investigation, in the absence of any person whose interests could be hampering the safety investigation, and demand that information necessary for the safety investigation be confirmed or provided;

7) have access, independently or in co-operation with the authority conducting pre-trial proceedings of criminal matters, to all relevant information and documents;

8) have immediate access to the testimony of the persons connected with the operation of the ship and to the results of the analysis of any samples taken from them.

(8) The official conducting a safety investigation shall present his or her identification while performing his or her duties.

(9) The official conducting a safety investigation has the right to issue a precept to an obligated person in order to ensure the performance of duties related to the safety investigation activities. A precept shall be in writing and shall set out the following information:

1) the time and place of the issue of the precept;

2) the contents and legal basis of the precept;

3) the time limits for observing the precept;

4) the rate of the non-compliance levy applied upon failure to observe the precept;

5) a notation regarding the possibilities, time limits and procedure for contesting the decision;

6) the given name, surname and official title of the official issuing the precept.

(10) Upon failure to observe the precept specified in subsection 9 of this section, the official conducting the safety investigation may apply the non-compliance levy according to the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act. The upper limit of the non-compliance levy shall be 1500 euros for a natural person and 60,000 euros for a legal person.

(11) The procedure for the safety investigation and registration of marine casualties and marine incidents shall be established by a regulation of the minister in charge of the policy sector.

§ 71¹. Investigative body and initiation of investigation

(1) The Transport Administration shall organise, on the basis of laws and other legislation and international agreements binding on Estonia, investigation of marine casualties and marine incidents that are not subject to the inquiry of the Safety Investigation Bureau or regarding which the Safety Investigation Bureau has not initiated the safety investigation.

(2) The investigation of the Transport Administration shall be governed by the requirements for conducting a safety investigation as provided for in subsections 6¹–10 of § 71 of this Act, requirements for reporting of a safety investigation as provided for in subsections 1–3 and 5–7 of § 73 of this Act, and the requirement for notification of a safety investigation as provided for in subsection 4 of § 73 of this Act, except the requirement for sending reports to the European database for marine casualties.

(3) The Transport Administration carries out investigation of a marine casualty involving a recreational craft if it leads to the death of a person. In other cases, the Transport Administration may carry out investigation of a marine casualty in case of justified interest or on the basis of a request of the owner of the recreational craft, an insurer, the Police and Border Guard Board or the Defence Forces if the results of such investigation would help preventing future casualties.

§ 72. Notification of marine casualty and marine incident

(1) If a marine casualty takes place in the search and rescue region of Estonia, the master, operator or agent of the ship is required to immediately notify the Police and Border Guard Board. In the event of a marine casualty, the master or operator of a ship flying the national flag of Estonia is required to notify the Transport Administration and the Safety Investigation Bureau immediately of the circumstances of the casualty.

(1¹) If the marine casualty takes place in an Estonian port or port entrance, the harbour master shall immediately notify the Transport Administration and Safety Investigation Bureau of the marine casualty.

(1²) The notification set out in subsection 1 of this section shall specify at least the details of the marine casualty, the name of the ship, location of the ship, port of departure and port of destination, number of persons on board the ship, contact details from which information about dangerous goods or contaminating goods carried on board the ship can be obtained, and other information regarding dangerous goods according to the procedure established pursuant to subsection 9 of § 42 of this Act.

(2) If a marine casualty that could obstruct vessel traffic takes place on a waterway, the Transport Administration shall notify the ships in the area of the casualty thereof.

(3) If a marine casualty takes place in the territorial waters, internal sea, exclusive economic zone or inland waters of a foreign state, the master or operator is required, in addition to the obligation specified in subsection 1 of this section, to notify also the foreign mission of the Republic of Estonia in the respective state and the competent authority of the respective state of the marine casualty.

(4) If a marine incident could have resulted in a marine casualty and emergency measures were taken for the avoidance thereof, the master or operator shall immediately notify the Transport Administration of the marine incident, and the Transport Administration shall immediately communicate the respective information to the Safety Investigation Bureau.

(5) The Safety Investigation Bureau shall notify the European Commission of marine casualties and marine incidents by means of the European database for marine casualties.

§ 72¹. Obligations of master and operator in respect of safety investigation

(1) The initial circumstances of a marine casualty or marine incident shall be ascertained by the master of the ship who shall notify the operator thereof according to the procedure established pursuant to subsection 11 of § 71 of this Act and who shall perform the following acts:

1) in the event of a marine casualty, prepare a report of technical damage in free format;

2) collect explanations from persons concerned;

3) make extracts from the logbook of the ship, engine logbook and from other documents, if needed, to the extent required by the circumstances of the marine casualty;

4) prepare a report describing the circumstances of the marine casualty and rescue work or marine incident, and provide his or her initial opinion about the causes of the marine casualty or marine incident.

(2) When the ship or the crew arrive at an Estonian port, the master shall submit the documents specified in subsection 1 of this section to the Transport Administration and Safety Investigation Bureau within three working days. If possible, the extracts set out in clause 3 of subsection 1 of this section shall be submitted with original documents which shall be returned after verification. To expedite the safety investigation, the documents may be sent by post or by facsimile or by electronic means.

(3) The master of a ship involved in a marine casualty or marine incident shall submit the relevant documents to the Safety Investigation Bureau within five working days after the respective request according to the procedure established pursuant to pursuant to subsection 11 of § 71 of this Act. The Safety Investigation Bureau shall decide on the need to submit documents.

(4) The operator shall ensure the submission of the documents specified in subsections 2 and 3 of this section to the Safety Investigation Bureau.

(5) If the data recorded by the voyage data recorder are necessary for conducting the safety investigation, the operator shall ensure immediate access for the Safety Investigation Bureau to such data, and organise the copying or enable the Safety Investigation Bureau to copy the recorded data. The operator shall deliver the software and documentation necessary for deciphering the data that are at his or her disposal to the Safety Investigation Bureau.

(7) The provisions of this section apply also to an investigation organised by the Transport Administration.

§ 73. Safety investigation report

(1) The Safety Investigation Bureau shall prepare a safety investigation report concerning a marine casualty or marine incident which shall contain safety recommendations.

(2) The Safety Investigation Bureau may prepare a simplified safety investigation report regarding a marine casualty or marine incident, unless it is a very serious marine casualty and it is not possible to provide any recommendations as a result of the safety investigation which would enable preventing the occurrence of such marine casualties or marine incidents in the future.

(3) A safety investigation report shall be published on the website of the Safety Investigation Bureau within twelve months after the day when the casualty took place. If it is not possible to prepare a final report within said time limit, an interim report shall be published within the same period of time.

(4) The Safety Investigation Bureau shall send the safety investigation reports regarding marine casualties and marine incidents to the European database for marine casualties and to the database of the IMO Global Integrated Shipping Information System.

(5) Safety investigation reports shall be publicly available. Personal data concerning persons involved in a marine casualty and witnesses, their letters of explanation, reports and minutes of interviews shall not be publicly available.

(6) Persons and state or local government authorities to whom safety recommendations are addressed in a safety investigation report shall notify the Safety Investigation Bureau about the measures taken or planned measures within three months after receiving the report.

(7) The requirements for the contents of the safety investigation report shall be established by a regulation of the minister in charge of the policy sector.

§ 75¹. Electronic Maritime Document Exchange

(1) The objective of the Electronic Maritime Document Exchange is to facilitate the communication, collection and storage of information regarding maritime transport.

(2) The Transport Administration is the controller of the Electronic Maritime Document Exchange.

(3) The following shall be entered in the Electronic Maritime Document Exchange in the cases specified in international agreements, legislation of the European Union, laws or legislation enacted on the basis thereof:

1) information and documents regarding entry of ships into ports;

2) information regarding dangerous goods;

3) security information;

4) information regarding waste from ships;

4¹) information regarding the bunker operator;

5) information regarding ordering of an icebreaker;

6) notification of pollution;

7) notification of a marine casualty or marine incident;

8) information regarding goods;

9) information regarding the pilotage of a ship;

9¹) list of the persons on board a passenger ship specified in subsection 1 of § 31 of this Act;

9²) number of the persons on board a passenger ship specified in subsection 5 of § 31 of this Act and information regarding the persons who have given notice of a need for special care or assistance in an emergency;

10) other information regarding maritime transport.

(6) In case the Electronic Maritime Document Exchange does not function, the information specified in subsection 3 of this section shall be communicated in another manner.

(8) The data collected into the Electronic Maritime Document Exchange shall be stored in correspondence with the objectives of collecting such data until the expiry of the term provided by legislation.

(9) The Electronic Maritime Document Exchange shall be founded and the procedure for maintenance thereof shall be established by a regulation of the minister in charge of the policy sector.

§ 75². Ship supervision database

(1) The purpose of maintaining the ship supervision database is the electronic storage, systematisation, and exchange among relevant authorities of the following data and preparation of overviews of these data:

1) data related to the maritime safety and navigational safety on inland waters of water craft registered in Estonia, their compliance with security requirements, and conformity to requirements for working and living conditions of crew members;

2) data related to operator’s compliance with requirements for maritime safety;

3) data related to the audits, surveys and state supervision proceedings carried out by the Transport Administration on the basis of the data specified in clauses 1 and 2 of this subsection.

(1¹) The ship supervision database is maintained in the ship information system created on the basis of subsection 7 of § 36¹ of the Law of Ship Flag and Ship Registers Act.

§ 75³. Principles for deployment of maritime security personnel

(1) Purposeful measures or practices recommended by international law must be taken, where necessary, to protect a ship from external attacks.

(2) When passing through a high risk area, if all other measures and practices have been taken to protect the ship and the ship’s security plan provides for it, the operator may deploy maritime security personnel to guard and protect the ship flying the national flag of Estonia, the crew and passengers on board and the property on board the ship.

(3) The list of high risk areas is established by the minister in charge of the policy sector.

(4) The operator deploys maritime security personnel on the basis of a contract in a form reproducible in writing which is entered into with a maritime security company:

1) which has an activity licence in the field of security or ship protection in a state which is a member of the European Economic Area or in the United Kingdom;

2) which is accredited in accordance with ISO standard 28007.

(5) The operator notifies the Transport Administration about the deployment of maritime security personnel, and the Transport Administration forwards a similar notification to the Police and Border Guard Board.

(6) The operator forwards the data specified in subsection 5 of § 75⁴ of this Act to the Transport Administration and to the Police and Border Guard Board.

(7) On board a ship, maritime security personnel carry out the orders of the master.

(8) While on board, maritime security personnel must not be intoxicated.

(9) The Government of the Republic establishes, by a regulation, the rules for the deployment of maritime security personnel, establishing the requirements for:

1) compliance by a maritime security company with the standards recognised in the field;

2) the person who is to serve as maritime security personnel;

3) the qualification and training of maritime security personnel;

4) the number of the members of maritime security personnel on board a ship;

5) procedures for notification about the deployment of and attacks on maritime security personnel;

6) the information to be included in the annex to the security plan;

7) the contract with a maritime security company.

§ 75⁴. Weapons, their essential parts, accessories, ammunition and self-protection equipment of maritime security personnel

(1) With the permission of the master, maritime security personnel may, for the performance of their duties, bring on board, carry on board, use on board, and remove from a ship weapons, their essential parts, accessories, ammunition and self-protection equipment belonging to a maritime security company.

(2) Chapters 2, 12³, 13 and 13¹ of the Weapons Act are applied to the handling of weapons, their essential parts, accessories and ammunition permitted for maritime security personnel.

(3) Weapons, their essential parts, accessories and ammunition may not be handed over to a person who is not authorised to handle them.

(4) Weapons brought on board must be accompanied by documents issued by the country of registration stating the type, make, calibre and marking of the weapon.

(5) When bringing on board, carrying on board, using on board or removing from a ship weapons, their essential parts, accessories, ammunition and self-protection equipment, the maritime security personnel must ensure, where appropriate, compliance with international law and the laws and regulations of the state whose territorial sea the ship is passing through or whose port it is calling at.

§ 75⁵. Use of firearms

(1) Maritime security personnel may use a firearm against a person only in self-defence, without exceeding the limits of self-defence.

(2) The use of a firearm must be preceded by a warning to use the weapon or a warning shot. The warning may be dispensed with only if the situation requiring the urgent use of the firearm makes it impossible to give a warning.

§ 75⁶. Checking a person and movable and apprehending a person

(1) Maritime security personnel have the right to check a person, or their clothing or movables, by examination and compassing, if it is necessary, when apprehending a person for the purpose of handing him over to the master, to ascertain that they are not in possession of any article or substance with which they may endanger themselves or another person.

(2) Maritime security personnel have the right to take into their custody for delivery to the master any object or substance found in the possession of a person during checking which is dangerous or the possession of which is prohibited.

(3) The person, object or substance is handed over to the master as soon as possible.

(4) On the order of the master, maritime security personnel may detain a person by confining them in a room or otherwise substantially limiting their physical liberty if the person is a danger to the ship, persons on board or property on board.

§ 75⁷. Use of force and special equipment

(1) When applying the measure provided in § 75⁶ of this Act, maritime security personnel have the right to use physical force if the person does not comply with a verbal request.

(2) Before using physical force, maritime security personnel must warn the person against whom or on whose possession they intend to use force. Warning may be dispensed with only where it is not possible to warn because of a situation requiring the urgent use of physical force.

(3) Maritime security personnel may use handcuffs or a restraint to hand a person over to the master when apprehending a person if there is reason to believe that the person is likely to escape or endanger themselves, another person, the ship or any property on board.

§ 75⁸. Chargeable services provided by Estonian State Fleet

(1) Unless it obstructs the performance of the tasks of the Estonian State Fleet as provided by legislation, the Estonian State Fleet may provide the following chargeable services:

1) managing of water craft;

2) granting a water craft with crew for use, and granting a water craft without crew for use to a research and development institution or educational institution;

3) use of ports managed by the Estonian State Fleet;

4) monitoring with underwater or surface equipment;

5) managing of aids to navigation system;

6) hydrographic surveying, where urgently necessary to ensure a service provided in the public interest;

7) rescuing a water craft or other property at sea or in navigable waters, where no one else is offering this service or it is not possible to get it from anyone else within a reasonable time.

(2) The purpose of the provision of chargeable services by the Estonian State Fleet is to ensure the efficient use of the water craft of the State and the development of the maritime economy.

(3) The list of chargeable services provided by the Estonian State Fleet, the rates of charges or the basis for calculating charges, the procedure for calculating charges and the procedure for providing chargeable services are established by a regulation of the minister in charge of the policy sector.

§ 77. Objective and objects of state supervision

(1) The objective of state supervision is to:

1) ensure the seaworthiness of ships, recreational craft and other water craft and their worthiness for navigation on inland waters;

2) prevent ships and recreational craft polluting the marine environment and inland waters and prevent air pollution;

3) ensure that the occupational health and safety requirements are adhered to on ships in accordance with the Occupational Health and Safety Act;

4) ensure that health protection requirements are adhered to on ships;

5) ensure professional training of crew members, deck officers of inland vessels, skippers of recreational craft and operators of personal watercraft in accordance with the requirements;

6) ensure the conformity of the manufacturing operations of persons who have obtained an activity licence or a part of the manufacturing operations, and of the products manufactured and services provided by said persons;

7) ensure that security requirements are adhered to on ships;

7¹) ensure compliance with the requirements for the deployment of maritime security personnel on board ships;

8) ensure the conformity of pilotage services.

(2) The objects of state supervision are:

1) the seaworthiness of the hull, machinery, shipboard installations and equipment of ships and recreational craft;

2) the manning of ships and inland vessels according to the requirements;

3) the loading, unloading, ballasting and bunkering of ships in accordance with the requirements;

4) the conformity of the living environment on ships;

5) the conformity of the lifesaving equipment, firefighting equipment and emergency equipment on ships and recreational craft;

6) the conformity of ships to the occupational health and safety requirements;

7) the conformity of ships to health protection requirements;

8) the conformity of other organisational and technical aspects of ships;

9) the design, construction, repair and equipping of ships in accordance with the requirements provided for in §§ 19 and 19¹ of this Act;

10) the professional training of crew members, deck officers of inland vessels, skippers of recreational craft and operators of personal watercraft;

11) the activities of persons in areas of activity with licence obligation and notification obligation;

12) the conformity of ships to security requirements;

12¹) the conformity with the requirements for deployment of maritime security personnel;

13) organising the training for operators and ship security officers, port security officers and port facility security officers;

14) shipping agency activities;

15) conformity of the declared depth, aids to navigation and other structures with navigational information;

16) conformity of pilotage services.

(3) In the time between surveys, state supervisory authorities shall inspect:

1) the validity of ships’ certificates;

2) the completeness and working order of shipboard installations, ships’ machinery, lifesaving equipment and ships’ equipment;

3) the manning of ships according to the requirements;

4) the loading and ballasting of ships according to the requirements;

5) adherence to the requirements established for the living environment of the crew on ships;

6) the ability of the crew to act in an emergency on ships;

7) compliance with environmental safety requirements on ships;

8) adherence to other maritime safety requirements;

9) adherence to security requirements on ships.