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Procedure for Suspension or Revocation of Endorsements to Certificates of Competency or Professional Certificates of Ship’s Officers

Passed 06.12.2002 No. 24

The Regulation is established on the basis of subsection 21 (10) of the Maritime Safety Act (RT I 2002, 1, 1; 61, 375).

§ 1.  Definitions

 (1) Suspension or revocation of the endorsement to a certificate of competency or a professional certificate of a ship’s officer means a penalty consisting in temporarily prohibiting the holder of the endorsement from working in the position indicated in the endorsement.

 (2) Suspension of an endorsement means that the term of the penalty does not exceed the period of validity of the endorsement.

 (3) Revocation of an endorsement means that the term of the penalty exceeds the period of validity of the endorsement.

 (4) An act which poses a direct threat to navigation means an act that causes a marine casualty, risks human health and life, or constitutes a severe breach of the provisions of the conventions of the International Maritime Organization to which the Republic of Estonia has acceded, and other legislation on maritime safety.

§ 2.  Suspension or revocation of endorsements

 (1) The basis for the suspension or revocation of an endorsement is an act which poses a direct threat to navigation.

 (2) Suspension or revocation of an endorsement shall be formalised by a directive of the Director General of the Maritime Administration. The Head of the Maritime Safety Division shall make a proposal for the suspension or revocation of an endorsement.

 (3) A directive of the Director General of the Maritime Administration on the suspension or revocation of an endorsement shall be forwarded to the employer of the person on whom the penalty has been imposed; the employer shall familiarise the person on whom the penalty has been imposed with the directive. The directive shall be published in Veeteede Ameti Teataja.

 (4) In case a person holds several certificates of competency or professional certificates in the same speciality, the endorsements to all those certificates of competency or professional certificates shall be deemed as suspended or revoked.

 (5) The operator or the person on whom the penalty has been imposed may submit an application to the Director General of the Maritime Administration for the issue of an endorsement that will allow the person on whom the penalty has been imposed to perform duties in lower capacity.

§ 3.  Return of endorsement

 (1) If an endorsement has been suspended or revoked, the holder is obligated to return the endorsement to the Maritime Administration within three working days after the date of examining the directive specified in subsection 2 (2) of this Regulation.

 (2) If the holder of the endorsement has not returned the endorsement within three working days, it shall be taken by a ship supervision inspector of the Maritime Administration in the course of inspecting the ship.

§ 4.  Calculation of term

 (1) The term of suspension or revocation of an endorsement shall be calculated from the date when the endorsement is returned to the Maritime Administration.

 (2) Records of suspension and revocation of endorsements shall be kept at the Estonian Seafarers Register, whereas the documents regarding the suspension and revocation of endorsements shall be kept on record for ten years.

§ 5.  Reissue of endorsement

  Upon expiry of the term of suspension of endorsements to certificates of competency or professional certificates, the endorsement that has been suspended shall be reissued.

§ 6.  Issue of new endorsement

  In case the endorsement to a certificate of competency or a professional certificate is revoked, a new endorsement shall be issued upon expiry of the term of the penalty in accordance with general principles.

§ 7.  Entry into force of Regulation

  This Regulation shall enter into force on 1 January 2003.