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Law amending the Maritime Code.

Country/Territory
Croatia
Document type
Legislation
Date
2007
Source
FAO, FAOLEX
Subject
Sea
Keyword
Maritime zone Navigation Legal proceedings/administrative proceedings
Geographical area
Europe, Europe and Central Asia, European Union Countries, Mediterranean, Southern Europe
Entry into force notes
This Law shall enter into force eight days after its publication in the Official Gazette, except for the provisions of the article 128 referred to in article 13, and article 129, Paragraph 3 referred to in Article 14 of this Law, that shall enter into force on 1 January 2008.
Abstract

In the Maritime Code (Official Gazette of the Republic of Croatia – Narodne novine, No. 181/04) the term "competent" in Article 5, Paragraph 1, Point 38 shall be replaced with the term "nominated". Article 60, Paragraph 1 shall be amended and shall read as follows: "(1) The foreign waterborne craft shall on arrival into the port submit to the competent port authority documents in accordance with a special regulation adopted by the Minister." Article 77 shall be amended and shall read as follows: "(1) The seaworthiness of a ship pursuant to provisions of Article 76, Paragraph 1 of this Code shall be determined by a recognized organization by conducting technical supervision, and certified through the issuing of adequate ship documents, notes and records in accordance with provisions of the Technical Rules and other regulations adopted on the basis of this Code. (2) The Technical Rules shall be adopted by the Minister. (3) Requirements for the maritime equipment that is used to equip ships of Croatian nationality, conditions for placing such equipment on the market of the Republic of Croatia, as well as requirements that must be approved by the authorities nominated for the statutory certification of maritime equipment, and the nomination mode and procedure shall be prescribed by the Minister. (4) Requirements that recognized organizations must fulfill, as well as the authorization mode and procedure shall be prescribed by the Minister. 2 (5) The seaworthiness of a ship shall be verified by inspection, in accordance with provisions of Article 76 of this Code. In Article 78, paragraph 1, item 6, the term "ship operator" shall be replaced with the term "company". In Paragraph 2, the full stop at the end of the sentence shall be deleted and the following shall be added: "while technical supervision of the maritime equipment in accordance with Paragraph 1, Points 2, 3 and 4 of herein shall be conducted by the authority nominated for the certification of maritime equipment." Paragraph 3 shall be amended and shall read as follows: "(3) The scope, conditions, rights and obligations stemming from the authorisation, that is, from the nomination for conducting technical supervision and the issuing of ship’s documents, notes and records are established by a contract on the transfer of authority between the Ministry and the recognised organisation, that is, the authority nominated for the certification of maritime equipment." In Article 99, Paragraph 4, the words "a competent port authority or" shall be added after the terms "shall be issued by". Article 110 shall be deleted. Article 111, Paragraph 3 shall be deleted. The former Paragraph 4 shall become Paragraph 3. Article 112 shall be amended and shall read as follows: "(1) The seaworthiness, according to provisions of Article 111, Paragraph 1 of this Code, shall be established by a recognised organisation, a nominated authority and a port authority by conducting technical supervision and certified by issuing the appropriate documents, notes and records in accordance with provisions of the Technical Rules and other regulations enacted pursuant to this Code. (2) The Technical Rules are adopted by the Minister. (3) Requirements that must be met by boats and yachts, persons navigating boats and yachts, requirements for the navigation of boats and yachts, navigation zones, marketing and requirements that must be met by nominated authorities, as well as the nomination mode and procedure shall be prescribed by the Minister. (4) The seaworthiness of a boat or yacht is verified by inspection, in accordance with provisions of Article 111 of this Code." In Article 113, Paragraphs 1, 5, 7, 8 and 11, the term "competent" shall be replaced with the term "nominated" in the appropriate case. (This amendment refers to the Croatian version of the text only.) In Paragraph 11, the words "from the authorization" shall be followed by the words "that is, from the nomination". In Article 115, Paragraph 2, the term "competent" shall be replaced with the term "nominated". Article 125a shall be added after Article 125 and shall read as follows: "Article 125a (1) The business of finding employment for seamen aboard ships of Croatian and foreign nationalities shall be performed by the Croatian Employment Bureau. (2) The business of finding employment for seamen aboard ships of Croatian and foreign nationalities may also be performed by corporate entities fulfilling conditions prescribed by a special regulation. (3) The conditions that the corporate entities must fulfill in finding employment for seamen, as well as the procedure and mode of their authorization and conducting inspection of their work shall be prescribed by the Minister with a prior consent of the minister in charge of labor matters and after a consultation with the organizations representing ship operators and seamen." Article 126, Paragraph 2 shall be amended and shall read as follows: "(2) A ship in international transport on a liner service sailing between Croatian and foreign ports within the boundaries of the Adriatic Sea shall not be considered a ship in international navigation." Article 128 shall be amended and shall read as follows: "(1) A crew member in international navigation, regardless of the ship’s nationality, who has a permanent residence or a temporary residence in the Republic of Croatia (resident), shall be liable to employment income tax payment based on earnings from work aboard a ship in international navigation unless he sailed for 183 or more days in the year for which the income tax payment liability is established. The period of 183 days may be discontinuous. (2) In order to accumulate the necessary 183 days referred to in Paragraph 1 herein in the year for which the income tax payment liability is established, a crew member may add the navigation days from the preceding year which, as extra days, had not been included in the 183 days referred to in Paragraph 1 herein for that year; and - the days spent on trips from the place of permanent residence to the place of boarding a ship; - the days needed for return trips; - the days needed for the treatment of an illness succumbed to or an injury inflicted on the way to the place of boarding a ship, aboard a ship or on a return trip; and - the days spent for professional training abroad. (3) The crew member referred to in Paragraph 1 herein shall not be liable to calculate and pay in advance the income tax based on earnings from work aboard a ship in international navigation made throughout a year, but he or she shall be liable to file the annual income tax report in accordance with provisions of income tax regulations, regardless of the number of days spent aboard a ship in international navigation. (4) In the annual income tax report, the crew member referred to in Paragraph 1 herein shall declare separately, in addition to other earnings that are subject to income tax payment in the Republic of Croatia, the earnings from work aboard a ship in international navigation that are subject to income tax payment, including the sailing bonus whether or not the sailing bonus sum has been specially declared by the sailing bonus payer. Article 129 shall be amended and shall read as follows: "(1) A crew member in international navigation, regardless of the ship’s nationality, shall be an insured person with a compulsory pension scheme in the Republic of Croatia if he or she has a permanent residence or a temporary residence (resident) in the Republic of Croatia and a compulsory medical insurance, as well as occupational safety and health insurance if he or she has a permanent residence or an approved permanent sojourn in the Republic of Croatia, unless otherwise regulated by an interstate social insurance contract. (2) The registration of the compulsory pension scheme and the compulsory health insurance of the crew member referred to in Paragraph 1 herein, whose employer is a domestic corporate entity, and the cancellation thereof shall be made by the employer. (3) The registration of the compulsory pension scheme and the compulsory health insurance of the crew member referred to in Paragraph 1 herein, whose employer is a foreign corporate entity, and the cancellation thereof shall be made by a competent port authority. (4) The port authority shall not make the registration referred to in Paragraph 3 herein if the crew member referred to in Paragraph 1 herein supplies evidence to the port authority that he or she has a compulsory insurance provided by a foreign social insurance authority of the state with which the Republic of Croatia has concluded a social insurance contract. (5) The agency in charge of finding employment for seamen referred to in Article 125a, Paragraph 2 of this Code, as well as the seamen who have found employment on their own with a foreign employer or who have been employed by a foreign employer through the Croatian Employment Bureau shall be liable to submit to the competent port authority all the data that are needed for the registration of the compulsory pension scheme and the compulsory health insurance, as well as the cancellation thereof. (6) The day of boarding a ship shall be deemed the beginning of insurance of the crew member referred to in Paragraph 1 herein, while the day when he or she has been discharged from a ship shall be deemed the termination of insurance as evidenced by the seaman’s book. (7) The procedure and the mode of registration referred to in Paragraph 3 herein that is made by the competent port authority, as well as the requirements, contents and mode of filing the data that are needed for the registration and the cancellation referred to in Paragraph 5 herein shall be prescribed by the Minister. (8) The crew member referred to in Paragraph 1 herein shall be liable to contributions payment and the payment of compulsory insurance contributions in line with the monthly basis that is used to calculate contributions and that is prescribed and announced by the Minister. The amount of the monthly basis that is used for the calculation of contributions shall be determined against the salary that the crew member would receive for the same or similar jobs aboard a ship in national navigation. (9) The liability and the type of contributions, as well as monthly sums of contributions to be paid shall be established by a decision of the Tax Administration in accordance with regulations on contributions for compulsory insurance schemes, while the liability to pay contributions and the calculation of the default interest on contributions, when the payment has not been made on schedule, the statute of limitations on the right to determine and collect the payments of contributions, the refund of a surplus of paid contributions or contributions paid without a legal ground, the conducting of second-instance and misdemeanour proceedings and other issues related to contributions that have not been regulated by this Code, shall be subject to regulations governing contributions for compulsory insurance schemes, as well as general tax regulations. (10) The employer shall not be liable to either calculate or pay contributions against the salary that it pays off to the crew member referred to in Paragraph 1 herein or against the prescribed basis referred to in Paragraph 8 of this Code."

Full text
English/Croatian
Website
www.cadial.hidra.hr

References - Legislation

Amends

Maritime Code.

Legislation | Croatia | 2004

Keyword: Marine pollution, Maritime zone, Monitoring, Environmental standards, Standards, Protection of environment, Basic legislation, Navigation, Offences/penalties, Liability/compensation, Concession, Data collection/reporting, Registration, Harbour, High seas, Legal proceedings/administrative proceedings, Sovereignty

Source: FAO, FAOLEX