Tag Archives: MAR

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MAR’s Update on Logbooks

The International Shipping Register of Madeira (MAR) has published Circular 04/MAR updating the interpretation of national requirements related to logbooks on MAR registered vessels.

Objective

This circular is intended to advise shipowners, companies and Recognised Organisations (RO), when acting on behalf of the Portuguese administration, of the updated interpretation of national requirements in relation to the logbooks used on board MAR registered ships.

The national requirements

Relevant national legislation requires ships to carry logbooks in accordance with national and international legislation, which shall be authenticated by the relevant national authorities (MAR or DGRM) or a RO on their behalf.

In addition, it also establishes templates for those logbooks.

Although MAR registered ships are subject to a specific regime in several matters, in the case of the provisions related with the logbooks templates there is no reference to exclusions from its applicability to those ships.

Therefore, the understanding and practice has been to fully apply those requirements to MAR registered vessels as well and, consequently, MAR has been supplying vessels with complying books.

The updated interpretation

The Ministry of the Sea has now endorsed an interpretation of the legal provision in question where its application to MAR registered ships does not necessarily include the mandatory use of the logbooks national templates.

Consequence

Following this interpretation, MAR registered ships are no longer required to use logbooks as per the national templates. Obviously, other relevant national and international requirements will continue to be applicable.

In any case, MAR will supply logbooks prepared in accordance with the national templates to companies that choose to continue to use them on board their ships.

Authentication and retention

The national legislation also includes requirements for the authentication and retention of the ships’ logbooks.

The authentication can be done during surveys by the RO, (the cooperation of ROs is kindly requested), by endorsing the masters’ opening and closing statements of the logbooks on board.

The retention of the logbooks on board is two years after the date of the last entry, but subject to international requirements when they impose longer periods of records retention.

Electronic logbooks

The Portuguese administration is also addressing the matter of the use of logbooks in electronic format on board ships in order to adapt the relevant legal and technical framework.

When the national framework changes in that respect, MAR will advise accordingly.

Additional information

If any additional information is required on the subject matter of this circular please do not hesitate to contact us.

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Madeira International Yacht Registry

Armed Security on Board Made Legal

The Presidency of the Council of Ministers of the Portuguese Republic has approved armed private security on board of Portuguese registered ships, including those registered in the International Shipping Registry of Madeira (MAR), through Decree-Law 159/2019 of October 24th.

Private armed security teams on board of Portuguese registered ships is limited to those ships that navigate through high-risk areas for piracy, as defined by the Portuguese Government.

Private armed security providers and their employees must obtain a license and hold a professional card, respectively, to be issued by the Portuguese Public Security Police (PSP) in accordance with the rules set by Decree-Law 159/2019. Furthermore, the use and carrying of weapons is only permitted to the security team members in the areas classified as high-risk areas for piracy.

Portuguese registered ships can hire private armed security companies that are duly registered in accordance with the laws and regulations of a EU Member-State or a country member of the European Economic Area. These companies must have a sole corporate object, private armed security providers, and a minimum share capital of EUR 250 000.

Companies providing private armed security services to Portuguese registered ships must have a Security Director who is responsible for choosing the Security Team Coordinator, for making and proposing the anti-piracy plan (in accordance with the Law and to be approved by DGRM and upon issuance of binding opinion be PSP the National Maritime Authority), for making and proposing the trip plan and for making and proposing the terrestrial transportation plan regarding the arms and ammunitions.

The Security Team Coordinator is responsible for managing the security team, for evaluating the security on board and following the ship’s captain inspection and for coordinating the team’s intervention without jeopardizing the ship’s captain maximum authority on board.

In accordance with the law private armed security on board cannot use a military or a military inspired uniform. When reaching high-risk areas for piracy and overall vestment stating “On Board Security” must be used.

Allowed weapons for security on board include: semi-automatic long firearms with automatic configuration for military use; semi-automatic pistols with calibers 6.5mm Browning; pepper sprays; and electric weapons which shape cannot be mistaken for another class of weapon.

Further to the above, the ship must contain: anti-fire closets to store, separately, arms and ammunitions; CCTV (with audio) system; and voice communications systems.

These new measures greatly benefit the Portuguese merchant navy registered in the International Shipping Registry of Madeira (MAR) and reinforce its position as one of the most competitive shipping registries in Europe.

For more information on this matter please do not hesitate to contact us.

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MAR introduces Electronic Certificates

The International Shipping Register of Madeira (MAR) is now issuing ships’ electronic certificates and documents.

In line with national policies concerning digitalization within public services and administration, the Portuguese maritime administration has also taken the task to develop and implement systems and procedures to issue electronic certificates and documents to ships and seafarers.

These procedures and systems take in due consideration the IMO Guidelines for the use of electronic certificates (FAL.5/Circ.39), thus, means for authorities and other parties to promptly verify the validity of the electronic statutory certificates and documents issued by Portuguese authorities were also implemented. In the scope of this development Portugal has communicated the decision to IMO, which circulated the information to all member States through the Circular Letter No. 3822 dated 06/03/2018.

Seafarers’ electronic documentation, namely documents of recognition of certificates of competence in accordance with STCW/I/10 (endorsements and proof of application), have already been implemented with success by the relevant organization within the Portuguese maritime administration (DGRM).

Document’s Authentication

Electronic certificates and documents issued by MAR will be signed electronically in compliance with relevant Portuguese legislation by means of a qualified digital certificate, which serves as method of authentication of the authorized issuer and of the integrity of the contents of the documents.

The digital certificate used to sign the documents electronically is issued by a certifying entity accredited in accordance with national and EU relevant regulations. The documents are issued in PDF format and the signature and the respective status of validity can be checked within the software used to open the file.

Following the IMO guidelines for the facilitation of the use and acceptance of electronic certificates, MAR issued documents also include information and elements, which are harmonized in all electronic documents issued by the authorities within the Portuguese maritime administration, to provide for the verification of their validity at a national dedicated website.

The electronic documents verification dedicated website can be found at the following address: www.portugueseflagcontrol.pt. For the verification purpose, the electronic documents include an “unique tracking number” (UTN), as per IMO guidelines AL.5/Circ.39, and a QR code.The documents issued electronically by MAR are:

  • Registry certificates:
    • Ownership Registration Certificate;
    • Provisional Ownership Registration Certificate;
    • Bareboat Charter Registration Certificate.
  • Liability certificates:
    • Certificate of Insurance or Other Financial Security in respect of Civil Liability for Oil Pollution Damage (CLC);
    • Certificate of Insurance or Other Financial Security in respect of Civil Liability for Bunker Oil Pollution Damage (BCLC);
    • Certificate of Insurance or Other Financial Security in respect of Liability for the Death of and Personal Injury to Passengers (PLR);
    • Certificate of Insurance or Other Financial Security in respect of Civil Liability for Removal of Wrecks (WRC).
  • Minimum Safe Manning Document;
  • Declaration of Maritime Labour Compliance – Part I;
  • Continuous Synopsis Record (CSR).

In the near future MAR intends to also issue other electronic documents, such as statements and declarations. The same method of authentication will be used – electronic signature by means of a qualified digital certificate – equivalent, from the legal point of view, to the annual signature in a paper document.

Fore more information on this matter please contact us at www.mcs.pt or send us an e-mail to management@mcs.pt.

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