I Additional and/or alternative provisions to the Model Agreement
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Statutory Documents - IMO Publications and Documents - Circulars - Maritime Safety Committee - MSC/Circular.710 – Model Agreement for the Authorization of Recognized Organizations Acting on Behalf of the Administration – (Adopted on 9 October 1995) - Annex - Model Agreement - Agreement Governing the Delegation of Statutory Certification Services for Vessels Registered in [State] between [Administration] and [Recognized Organization] - Attachment - Additional and/or alternative provisions for consideration when developing the agreement and appendixes thereto - I Additional and/or alternative provisions to the Model Agreement

I Additional and/or alternative provisions to the Model Agreement

  A Information and Liaison

  • 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.

  • 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.

  • 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.

  • 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

  • 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.

  • 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.

  • 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

  • 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.

  • 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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