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1

Maritime administrative tasks executed by classification institutions in the European Union

100%

Lost-Sieminska D.

Prawo Morskie

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2004

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vol. 20

31-40

EN

The article regards the long controversial issue of classification institutions undertaking maritime administrative tasks. This issue has recently been regulated by both international (IMO) and European law. The authoress analyzes to what extent these changes are being implemented into Polish law. The consequences of European Union accession can be lethal for the Polish Ship Register. A great number of executive acts concerning 'Polish classification institutions ' will have to be changed quickly. Although the Polish Ship Register is not recognized by the European Commission, Poland has already applied for such recognition. However, potential recognition of this body will be effective in Poland only.

2

Classification institutions within the system of maritime safety

100%

Godecki Z.

Prawo Morskie

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2004

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vol. 20

41-53

EN

The author analyzes the role of classification institutions in the system of maritime safety. The legislation of November 9, 2000 on maritime safety assigns well-described roles to classification institutions, among others. This is not new legislation since one chapter of the maritime code of 1961 addressed the issue of sea vessel safety, as did an even earlier Polish Republic presidential order of 1930. In this area, Polish maritime law complies with European law, especially with regard to Council Directive No. 94/57'/WE of November 22, 1994. The executive order to art. 15, act 1, pt. 2 in the act on maritime safety was constructed to correspond to this directive. This refers to the order of November 20, 2002 regarding the procedure to grant approval for classification institutions to undertake the technical supervision of vessels and the types and ranges of servicing of sea-going vessels. Vessels cannot be used in maritime shipping if they do not comply with legal requirements regarding their construction, fixed devices, and equipment. The regulation of November 29, 2000 on maritime safety refers to international conventions and to the rules in this act. The controversial issue is if the minister responsible for issues regarding the maritime industry can legally approve current technical regulations regarding vessel construction, fixed devices, and equipment issued by a Polish classification institution.

3

Legal character of agreements entitling classification institutions to conduct maritime administration tasks

80%

Kozinski M. H.

Prawo Morskie

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2007

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vol. 23

161-183

EN

Thin article addresses a new type of agreement that entitles classification institutions to execute certain functions of the maritime administration. In the maritime trade, classification institutions, in addition to their classification and assessment activities, are assuming increasingly certain public functions that are executed under the supervision of maritime administration bodies. This supervision is ensured above all. by two legal institutions: aprobation and authorization. The significance of the aprobation process for classification institutions may be apparent in the fact that aprobation if conducted by the European Commission. In evaluating the character of the agreement entered into by the Minister of Marine Management with aprobation classification institutions, the author of the article emphasizes a series of particular traits of the agreement that stem from the infiltration of elements of both public and private law. The author postulates the creation of a new category of agreement, that of so-called public contracts.

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3 Prawo Morskie

1 Godecki Z.

1 Kozinski M. H.

1 Lost-Sieminska D.

1 2007

2 2004

Maritime administrative tasks executed by classification institutions in the European Union

Classification institutions within the system of maritime safety

Legal character of agreements entitling classification institutions to conduct maritime administration tasks