Maritime Safety Compliance: the Frame and the Actors
The Maritime Code of Georgia makes maritime safety compliance a precondition for a ship's operation. Under Article 38 of the Code, a ship is allowed to navigate if its condition conforms to the requirements established by Georgia's international treaties on the safety of navigation, the protection of the marine environment and maritime security, or by Georgian legislation. Conformity is determined by the Agency and/or a recognized organization under the relevant chapter of the Code. Every departure of a ship to sea therefore depends on maintaining conformity with the safety requirements, and responsibility for that conformity is distributed by law among defined actors.
The central figure is the shipowner. Under Article 14 of the Code, the shipowner is the owner of the ship — a natural or legal person registered in the relevant book of the State Register of Ships of Georgia. Article 44-1 extends this circle: the operator of a ship is the shipowner or any other person — a manager or a bareboat charterer — to whom the shipowner has entrusted the responsibility for managing the ship and who, upon assuming that responsibility, has declared consent to perform all obligations provided for by Georgian legislation and to bear the respective liability.
The Shipowner's Obligations
Article 14 imposes on the shipowner a whole range of duties: to ensure the seaworthiness of the ship and the safety of navigation; to prevent damage to persons, the ship and cargo; to maintain the technical fitness of the ship; to create safe working conditions for the crew; to supply the ship with provisions, water, lubricants and fuel; to create normal living conditions for crew members and passengers; and to perform other duties imposed by Georgian legislation and the norms of international law.
In the field of maritime labour the shipowner may appoint a representative — a natural or legal person who exercises the rights and performs the duties arising from the Maritime Labour Convention. That person may be the same person appointed with respect to a ship of 500 tons or more of gross tonnage and certified in accordance with the International Management Code for the Safe Operation of Ships and for Pollution Prevention. Where another person is appointed for the purposes of the Convention's provisions, that person is indicated as the shipowner in the maritime labour declaration of conformity and certificate and in other certificates.
Terms: What the System Checks
Article 44-1 lays down the supporting terms of the inspection system. A ship of Georgia is one registered in the State Register and flying the Georgian flag. A passenger ship is a ship carrying more than 12 passengers; a cargo ship is a ship that is not a passenger ship. A class certificate is a document issued by recognized organizations on the basis of their published rules and procedures, confirming the conformity of the ship to specified purposes or services. A mandatory certificate is one issued by or in the name of Georgia in accordance with international treaties.
A recognized organization is a legal person — in particular a classification society or other private institution, its branch or another person under its control — recognized under the Code. The grant of authority is the corresponding act of delegating authority to an organization recognized by Georgia. This terminology is built on the acts of the International Maritime Organization and links Georgian regulation to international standards.
Delegation of the Agency's Powers
Article 44-3 establishes that the Agency may fully or partially transfer authority to a ship inspector or a recognized organization for the following actions: inspection and examination, the marking of load lines, the measurement of tonnage, the monitoring of ship construction and repair, the issuance and renewal of certificates in accordance with international treaties, the issuance and renewal of exemption certificates, and the issuance of a certificate confirming conformity with the relevant article of the Code.
The Agency endorses every certificate issued in accordance with international treaties in which exceptions from the treaties are noted — whether permanent or temporary — as well as every amendment made to such certificates. The recognition of a private organization and the transfer of duties to it take place on the basis of a decision of the Agency, and the recognition may be revoked where the organization no longer satisfies the requirements or its work is assessed as unsatisfactory. For the shipowner this means that the certification system is wrapped in state supervision and that every document passes a double check.
Frequently Asked Questions
On what condition may a ship navigate?
If its condition conforms to the requirements of navigation safety, marine environment protection and maritime security; conformity is determined by the Agency and/or a recognized organization.
Who is the shipowner?
The owner of the ship — a natural or legal person registered in the relevant book of the State Register of Ships of Georgia; the operator's institute applies where management responsibility has been transferred.
What duties does the shipowner bear?
Seaworthiness and navigational safety, protection of persons, ship and cargo, technical fitness, safe working conditions for the crew, supplies and normal living conditions.
Which ship is a passenger ship?
One carrying more than 12 passengers; the master, crew and employed persons are not counted as passengers.
Who issues the certificates?
According to the delegation of authority — the Agency or an inspector/recognized organization; certificates with exceptions require the Agency's endorsement.
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