TO: UKRANIAN SHIP-OWNERS, MANAGING COMPANIES, SHIPPING REGISTER OF UKRAINE AND OTHERS CONCERNED
Pursuant to art.61 paragraph 3, paragraph 4 from the Law No.599/1999 for the approval of the Code of commercial maritime navigation of the Republic of Moldova, and point 6, point 7, point 9 paragraph 4 letter b and paragraph 5 of the Government Decision No.706/2018 on establishment of the Naval Agency of the Republic of Moldova;
the Naval Agency of Republic of Moldova approves this operational directive which enters into force at 7th of March 2022.
Section I. General Provisions
1. In view of the tragic situation in Ukraine, the large-scale war and the closed ports, the Naval Agency approves this directive in order to ensure the continuing seaworthiness of vessels, Ukrainian seafarers and their rights to continue working on board the vessels under the Flag of the Republic of Moldova.
2.This Operational directive shall apply to all Moldova Flag vessels regarding extension of statutory surveys by SHIPPING REGISTER OF UKRAINE and/or issuance/endorsements of statutory certificates, extension of certificates of endorsement for Ukrainian seafarers issued under regulation 1/10 of the STCW Convention as amended, due to force majeure and exceptional circumstances in Ukraine.
Section II. Survey and Statutory Certification of Moldova Flag Ships
3. Ship-owners and managing companies supervised by the SHIPPING REGISTER OF UKRAINE must do their utmost to ensure compliance with all requirements regarding statutory surveys and audits (including internal audits), servicing of equipment, drills, etc. In cases where this is impossible due to force majeure and exceptional circumstances in Ukraine, the following measures/actions in point 4 and 5 will be applied with regard to all Moldova Flag ships, including vessels of less than 500 GT.
4. In cases when the mandatory periodical surveys and audits cannot be carried out, the mandatory surveys and audits requirements are suspended until 31st of June 2022, however no longer than three months after the end of the annual survey or audit window, a three month extension shall be granted without further approval from the Naval Agency. This extension also refers to servicing of equipment and certificates issued by service providers surveys, verifications and inspections on behalf of the Naval Agency, including, but not limited to, service providers certifying life-saving equipment, fire-fighting equipment, etc. This also includes an extension of statutory certificates or postponement of bottom inspections as a result of unavailable dry-dock facilities.
5. While all reasonable efforts should be taken to ensure that the statutory certificates are kept valid, SHIPPING REGISTER OF UKRAINE is hereby authorized to grant extension as described in paragraph 4. This extension also refers to servicing of equipment and certificates issued by service providers surveys, verifications and inspections on behalf of the Naval Agency, including, but not limited to, service providers certifying life-saving equipment, fire-fighting equipment, etc.
6. The Naval Agency shall be kept informed of when and to which vessels the extensions under paragraph 4 are issued.
7. All technical and operational requirements have to be complied with during this period.
8. The measure established in point 4 will be revised according to the evolution of the situation in Ukraine and of the global trade in the maritime sector.
Section III. Moldova endorsement of foreign certificates
9. In case if it is not possible, due to force majeure and exceptional circumstances in Ukraine, to extend the Certificates of Competence or Proficiency issued by Ukraine, based on the IMO circular letter no.4521 from 2nd march 2022 with the communication of the Embassy of the Ukraine No. 6124/23-327/2-54 and IMO circular letter no.4519 from 1st march 2022 with the communication of the Embassy of the Ukraine No. 6124/23-327/2-51, the validity of the Moldova endorsements to the Ukrainian seafarers are extended until 31st December 2022. Ukrainian seafarers are not required to submit an application or replace his/her endorsement with a new document on which the extended date of expiry is stated.
10. The Naval Agency recognizes the Certificates of Competence or Proficiency issued by Ukraine, that have expired after 1st of January 2022, and will issue endorsements to the Ukrainian seafarers with the validity until 31st of December 2022, based on the extension granted by the Government of Ukraine to the certificates of competency and proficiency.
11. A copy of this operational directive must be present on board the vessels.
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