I Additional and/or alternative
provisions to the Model Agreement
A Information and Liaison
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1 Co-operation in connection with development
of rules or regulations - liaison meetings
In cases where Classification is required by national law or
regulation, or the classification rules have been made mandatory,
the following shall apply: when developing new rules and in the case
of amendments to existing rules affecting inspections and surveys,
in accordance with this Agreement, RO shall contact the Administration
as early as practicable, so that both parties can present and discuss
the views on the intended development of rules. RO shall consider
recommendations for additions or amendments to its rules made by the
Administration.
Similarly, the Administration shall contact RO as early as possible
in the development of amendments to regulations to which the general
authorizations in force at the time in question apply.
RO and the Administration recognizing the importance of technical
issues agree to proceed as follows in the maintenance of an effective
dialogue.
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2 Exchange or rules or regulations, and information
The Administration will send, free of charge, a sufficient number
of the relevant regulations and instructions to RO. Similarly, RO
will send, free of charge, a sufficient number of its regulations
applicable to ships at any time.
The Administration shall, free of charge, have access, upon
request, to relevant information available from RO concerning ships
covered by this Agreement.
This includes direct access to relevant data banks.
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3 Change of recognized organization
In the vent that an Administration has recognized more ROs to
carry out work on behalf of the Administration, and a ship in Classification
changes class from one recognized organization to RO, RO shall ensure
that it has obtained all, to its knowledge, relevant information on
the survey status of the ship, including structural and operational
limitations and outstanding recommendations given by the previous
recognized organization. The structural and operational limitations
of the ship shall be checked and agreed to by RO. If the ship is not
classified, the same shall apply when a ship leaves one recognized
organization in order to register with RO. Outstanding recommendations
given by the previous organization, known by RO, shall be followed
up by RO within the time limits given by the previous organization.
The procedures above shall be carried through before assignment of
class to a ship, or before a non-classified ship is registered with
RO.
This information shall also be copied for the Administration.
For vessels leaving RO the same kind of information shall be
submitted to the recipient recognized organization upon request.
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4 The Administration's access to the organization's
documentation relevant to the Administration's fleet
RO undertakes to give the audit team of the Administration access
to the documentation system, including computer systems, employed
by RO to follow up the surveys carried out and recommendations issued
in addition to other information concerning the ships covered by the
authorization.
Further, RO will give the Administration access to RO's register
of ships for ships covered by the authorization.
The Administration, in the conduct of an audit on the RO, may
be required to execute a confidentiality/non-disclosure agreement
in circumstances where proprietary information of the RO or its clients
cannot be effectively separated from the information within the purview
of the Administration during such auditing.
B Supervision
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1 Documentation of quality assurance system
RO undertakes to submit to the Administration documentation
concerning the quality assurance system practised by RO.
The Administration may choose to recognize audits performed
on the RO by an independent group effectively representing the interests
of the Administrations or IMO.
Should the Administration choose to conduct direct auditing
of the RO, the frequency and extent of audit should be the subject
of an agreement between the Administration and the RO.
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2 Access to internal instructions, circulars and
guidelines
RO undertakes to submit instructions, rules, internal circulars
and guidelines as well as other information showing that the delegated
functions are being carried out in accordance with the rules and regulations
in force.
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3 Co-operation with the Administration's inspection
and verification work
The Administration shall satisfy itself that the functions delegated
to RO are effectively carried out by performing random inspections
in order to control the ships of its fleet, and to review the work
of RO.
The local RO representative will be invited to attend the inspection,
if time and circumstances permit. The master and RO will receive a
list of recommendations. The master will also be required to report
to RO regarding the implementation of the recommendations relating
to RO's authorization within the time limit specified.
RO shall verify that the recommendations have been implemented
or report on the degree of implementation thereof it not complete,
at the first scheduled attendance on board after the time limit has
expired.
RO undertakes to assist the audit team from the Administration
in carrying out random inspections and verification at RO's survey
station, on ship and at shipyards.
C Other Conditions
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1 Surveyors
In cases where RO intend to utilize the services of non-exclusive
surveyors, provisions should be established for the supervision and
overviewing of the performance of such surveyors to include, as a
minimum the performance of audits with such frequency as may be determined
by the Administration.
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2 Financial liabilityfootnote
Subject to this Agreement, if a liability is finally and definitively
imposed on the [..........] State for loss or damage which is proved
to have been caused by a wilful or grossly negligent act or wilful
or grossly negligent omission within the scope of this Agreement by
RO, its bodies, officers, employees or others who act on behalf of
[RO], its bodies, officers, employees or others who act on behalf
of RO, the Administration is entitled, on behalf of the [..........]
State, to full compensation from RO.
Subject to this Agreement, if a liability is finally and definitively
imposed on the [..........] State for loss or damage which is proved
to have been caused by any other negligent act or any other negligent
omission by the RO bodies, officers, employees or others who act on
behalf of RO, the Administration is entitled, on behalf of the [..........]
State, to receive from RO compensation up to the amount of financial
liability as defined in the standard terms and conditions of the RO
[..........]footnote whichever is greater.
If the [..........] State is summoned, or is expected to be
summoned to answer for such liability as is mentioned above in this
article, RO shall be informed without undue delay. The Administration
shall, for information purposes, send all claims, documents and other
relevant material to RO.
The [..........] State shall not enter into a conciliation,
which involves acceptance of such liability as is mentioned in the
first or second paragraph of this article without the consent of RO.
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