Portugal - Specific requirements by the Portuguese Administration

Flag instructions relating to statutory surveys

Flag procedural requirements

General policy

Single contact point

All correspondence between Recognised Organisation (RO) and the Portuguese Administration (DGRM) to be sent by MOC or MCC to DGRM using the dedicated application https://marad.bmar.pt with copy to NS_ROPT (Recognised Organisation (RO) Portugal).

Agreement

A revised Agreement has been signed between the Portuguese Administration (Direção-Geral de Recursos Naturais, Segurança e Serviçios Maritímos (DGRM)) and Recognised Organisation (RO) on 29^th July 2016.

An Amendment to this Agreement between DGRM and Recognised Organisation (RO) Marine & Offshore SAS has been made and entered into force on 1^st January 2017.

Refer to Agreement governing the delegation of statutory certification services of ships to Appendix 4 to the Agreement.

This Agreement deals with statutory certification services of ships flying the Portuguese flag and registered either in the Portuguese Conventional Register of Ships (RC) or in the Madeira’s International Shipping Register (MAR). In the two cases, the scope of the delegations granted to Recognised Organisation (RO) is not the same.

Recognised Organisation (RO) is not allowed to issue, endorse, extend or renew statutory certification in vessels that have suffered alterations which modify their characteristics, affect their safety conditions, loss of class for safety reasons, without previous consultation to the Administration on the need to perform a complete inspection.

Electronic certificates

The Administration authorizes issuance of certificates in an electronic format according to FAL.5/Circ.39/Rev.2 from the 1st April 2018 (Email dated 10/03/2018).

Reporting

Recognised Organisation (RO) obligations

Recognised Organisation (RO) shall:

1. Provide to the Administration, not later than 72 hours, all the relevant information concerning Recognised Organisation (RO) classed ships flying Portugal flag, with regard to class changes, transfers and suspensions and declassifications;

2. Refrain from issuing certificates to ships that have been declassed or have changed class for safety reasons without previous consultation to the Administration concerning the need to undergo a full inspection;

3. Inform the Administration, as soon as Recognised Organisation (RO) is aware, of the results of inspections carried out by port State control to a Recognised Organisation (RO) classed ship, performed by the different international regional memoranda of understanding, indicating the deficiencies detected by those inspections and if there was the need to detain the ship;

4. Inform the Administration and the Portuguese safety investigative body, as soon as Recognised Organisation (RO) is aware, of marine accident and incidents occurring to Recognised Organisation (RO) classed ships;

5. Inform the Administration, as soon as Recognised Organisation (RO) is aware, of the damages occurring to Recognised Organisation (RO) classed ships;

6. In case of ships registered in the Madeira’s International Shipping Register, also send to the Technical Commission of the Madeira’s International Shipping Register (CTMAR) the information mentioned on items a), c), d) and e).

Alteration or loss of class

Recognised Organisation (RO) shall inform immediately the Administration of any alteration or loss of class for ships entitled to fly the Portuguese flag classed by it.

Recognised Organisation (RO) shall endeavour consultation with the Administration to determine the need of a full inspection before the issuance of any certificates to a ship which has already been subject to change or loss of class for safety reasons.

Recognised Organisation (RO) shall inform the Administration without delay if a ship is discovered to be operating with faults or defects, or represent significant deviations from the standard required in international conventions and codes, national laws, rules and regulations, and Recognised Organisation (RO) rules and regulations or if its condition is found to be such that the ship is not fit to proceed to sea without danger to the ship or persons on board or presenting an unreasonable threat of harm to the marine environment.

Case of ships found unfit to proceed to sea

Reporting concerning measures under special circumstances shall state the special circumstances that do not allow the carrying out of services necessary for the compliance on requirements of the applicable instruments and also measures taken by Recognised Organisation (RO).

Reporting concerning cases where a ship did not in all respects remain fit to proceed to sea shall state the reasons why the ship, in the opinion of Recognised Organisation (RO), did not remain fit to proceed to sea, mentioning the condition of the ship or its equipment, in respect to important features, does not correspond substantially with the particulars of its certificates or the requirements of applicable instruments and measures taken by Recognised Organisation (RO).

Reporting on Classification

In case on the assignment of Class, the report shall include information on

• any restrictions and essential conditions relating to the class or statutory certificates regarding the operation and trading area of the ship;

• any significant deviation from Recognised Organisation (RO) rules.

In case on Class alterations, the report shall state the measures taken concerning Class alterations, suspension or withdrawals, or seriously alters the operational limitations of the ship.

Interpretations, Equivalents, Substitutes and Exemptions

Interpretations, Equivalents and Substitutes

While interpretations of the applicable instruments, as well as the determination of equivalents or the acceptance of substitutes to the requirements of the applicable instruments are the prerogative of the Administration, Recognised Organisation (RO) will cooperate in their establishment as necessary.

Unified IMO interpretations and the IACS Unified Interpretations will be accepted by the Administration, unless they conflict with the interpretations adopted by the Administration.

Exemptions

Exemptions from the requirements of the applicable instruments are the prerogative of the Administration and must be approved by the Administration before issuance.

Requests to the Administration for interpretations, equivalents and exemptions

Requests for interpretations, equivalents and exemptions by the ship’s company, or by the shipowner, shall be made always to Recognised Organisation (RO), and the company shall be considered the owner of a ship, the ship’s manager, the barboat charterer or any other organisation or person, beside the owner, with the responsibility for the ship’s operation and, by doing so, having agreed to comply with all the obligations made mandatory by the ISM Code.

Recognised Organisation (RO) prepares and submit to the Administration all technical grounds necessary for the decision making by the Administration concerning interpretations, equivalents and exemptions, gathering for such all the relevant documentation, being these grounds supplemented by the company’s, or by the shipowner, request.

The Administration may require additional information sustaining the request made or add conditions or comments to the recommendations made by Recognised Organisation (RO) before issuing its decision.

Measures under particular circumstances

In instances where, temporarily, the requirements of an applicable instrument cannot be met under particular circumstances, namely in cases of unavailability for an appropriate repair or lack of resources, Recognised Organisation (RO) surveyor will specify such measures or supplementary equipment as may be available to permit the vessel to proceed to a suitable port where permanent repairs or rectifications can be effected or replacement equipment fitted, in which case due account of such fact and the recommended measures must be brought to the Administration’s notice without undue delay.

In such cases Recognised Organisation (RO) shall withdraw the relevant statutory certificate and issue a conditional certificate either valid for the voyage or for a maximum period of two months remitting a copy of such certificate to the Administration.

Equipment malfunction

(Circular No. 78)

This Circular provides guidance on procedures to be followed when the referred equipment’s at the present circular are malfunctioning, allowing the Recognized Organizations to make their technical assessment and to issue the relevant conditional certificates, without prior authorization from the Administration.

Recognised Organisation (RO) may carry out the surveys by remote means under its relevant requirement. In such situation, Recognised Organisation (RO) shall be aware that some surveys are not accepted by Administration to be conducted by remote means. The eligibility of remote surveys shall follow the criteria given by Circular n.76 (see Remote surveys).

Recognised Organisation (RO) shall not issue conditional certificate and/or statutory condition for any deficiency observed by port State control.

Recognised Organisation (RO) shall inform the Administration when any ship has been issued with two or more consecutive conditional certificates for the same malfunctioning equipment listed in this circular within the same period.

If more than two equipments are in malfunction, Recognised Organisation (RO) should inform the administration.

After receiving the information considered essential, proceeding with technical evaluation and verify the correct implementation of temporary measures onboard, Recognised Organisation (RO) is authorised to issue relevant conditional certificate and/or statutory condition, for the strictly necessary period to allow repairs to take place, not exceeding in any case two months of validity from the date of receiving the notification.

Corrective action and withdrawal of certificates

Where the general condition of the ship or its equipment in important respects does not correspond substantially, with the particulars of any of the certificates, or if its condition is found to be such that the ship is not fit to proceed to sea without danger to the ship or persons on board or presenting an unreasonable threat of harm to the marine environment, Recognised Organisation (RO) surveyor concerned shall immediately withdraw the applicable statutory certificates if the defects are not rectified, and then notify the Administration.

In case of withdrawal of a certificate, Recognised Organisation (RO) shall give a letter to the master of the vessel stating that the certificate is withdrawn from the date of signature of the letter, and request that the certificate in question be surrendered.

A copy of the letter shall be sent by the most expedient means to the Administration immediately. If the ship is in a port of another State, the Administration notifies accordingly the Authority of that port State.

Statutory Observation

(Email dated 04/02/2019)

The Administration doesn’t accept the issuance of a statutory observation. In this case a short term certificate has to be issued in replacement of the existing definitive certificate on board.

Issuance of certificates concerning RC ships

Conditional certificates

1. In cases specified in Table I (see Appendix 1 to the Agreement) as Partial Authorization (P) the validity of conditional certificates shall not exceed two months.

2. (Administration email dated 23/12/2019)

   1. The Administration request that any Conditional Certificates to be issued, including those under paragraph 3.4 of the Statutory Delegation Agreement with DGRM (Measures under particular circumstances in Measures under particular circumstances) , have the deficiencies to which they relate as well as the conditions they have eventually been imposed.

   2. Similarly, the definitive certificates which have been authorized to issue, in cases where the deficiency can only be repaired with the shipyard (eg faulty speed log, etc.), have also entered the deficiency in question as well as any conditions attached to it.

Interim certificates

For Partial Authorizations (P) indicated in Table I (see Appendix 1 to the Agreement) the validity of the interim certificates shall not exceed five months in all cases not foreseen by national or international regulations. These certificates may not be issued with outstanding deficiencies.

Issuance of full-term certificates

During the period of validity of the interim certificates Recognised Organisation (RO) shall send to the Administration a copy of the survey reports preceding their issuance, as well as the models of the future full term certificates, duly prepared, in order to be issued by the Administration.

Recognised Organisation (RO) Lisbon ensures the liaison with the Administration.

Marine Operational Centres review the reports and prepare the corresponding draft certificates in the English language.

Marine Operational Centres send a copy of the survey reports and the draft certificates to Recognised Organisation (RO) Lisbon for subsequent action towards the Administration.

Refer also to Conditional certificates b) 2).

Contact of the Maritime Accident Prevention and Investigation Department

Director of Maritime Accident Prevention and Investigation Department: Commandant Jose Antonio Velho Gouveia.

E-mail: jose.gouveia@gpiam.mamaot.gov.pt

Mobile: + 351 917 581 831

Passenger Ship short term certificate under EU Directive 2009/45/EC

(Mail from the Administration dated 27/05/2016)

On a case by case basis, the Administration accepts issuance of Passenger ship short term certificates under Directive 2009/45/EC of the European Parliament and of the Council amended by Commission Directive 2010/36/EU.

Remote surveys

(DGRM Circular No.76)

A remote survey shall be deemed eligible when it provides the same level of assurance, according to the requirements for equivalency, as if it was conducted with attendance on board by a surveyor.

Eligibility of the remote survey shall be decided based on type and scope of the requested survey in accordance with Table 1 of Circular No.76 (attached file).

Recognised Organisation (RO) must request authorization from the Administration before carrying out such inspections and be given written confirmation of acceptance by the Administration. The authorization is based on the principle of case-by-case analysis.

In addition to the principles specified by Recognised Organisation (RO) for carrying out this type of remote verification, the case-by-case assessment should include:

1. The performance of the ship's safety management company;

2. The scope of remote surveys - consultation with the flag State in the event that the survey has been delegated to Recognised Organisation (RO);

3. Technical requirements for the use of remote inspection (use of approved remote inspection techniques, audio and video communication, two-way communication ...);

4. The potential need for validation through a physically assisted survey or survey at the first opportunity;

5. The functions, responsibility, impartiality and obligation of the parties involved, including personnel involved in the physical inspection on board the ship - the qualifications of personnel involved in the physical inspection on board the ship;

6. The provision of information and evidence to the auditor;

7. Transparency of information on the remote methods used and the status of the ship, indicating whether the surveys were carried out remotely or physically.

In all cases, where it is intended to verify the operation of equipment (clearly identified), Recognised Organisation (RO) shall provide the service report (where applicable) and written statement by the Master/Chief of Machinery on the correct functioning of the equipment concerned, to the Administration to seek their authorization.

Request to embark additional persons

(Flag Instruction 05/2025)

In case it is requested additional persons to embark on board Portuguese Flagged ships, such as non-armed security guards, technicians and other than armed security guards, and in case they do not exceed 20% of the total number of persons certified by the Safety Equipment Certificate (Form E) of the vessel, Recognised Organisation (RO) may proceed with issuance of conditional Safety Equipment Certificate and conditional Sewage Pollution Prevention Certificate, valid for the duration of voyage but no more than two (2) months, provided the conditions listed in the Flag Instruction 05/2025 were satisfactorily verified by Recognised Organisation (RO).

Recognised Organisation (RO) should then notify the Administration when persons are embarked, and later when persons are disembarked and consequently full term Certificates are re-instated.

Whenever the resulting complement on board exceeds 20% of the total number of persons certified by Safety Equipment Certificate, and/or in case the persons requested to embark on board are armed security guards, and/or duration of voyage with additional persons is longer than two (2) months, then the case shall be submitted to the Administration by Recognised Organisation (RO), which will be assessed on the principle of case-by-case analysis.

Technical requirements

The Portuguese Administration (DGRM) displayed Circulars which can be viewed on the following website at:

https://www.dgrm.pt/web/guest/circulares

LL 66

Load Line Certificate

Partial authorization for ships registered in Portuguese Conventional Register of Ships (RC).

Multiple Load Lines

(DGRM Circular No.19 Rev.1)

The Administration accepts the provision of more than one International Load Line Certificate, provided the following conditions are met:

• The initial survey shall be carried out by a surveyor from a Recognized Organization (RO);

• The survey will assure the compliance with the rules, as mentioned above, and the correct marking of the load lines corresponding to the certificates to be issued;

• Each set of Load Line marks corresponding to the certificates shall be permanently marked on the ship’s side and verified;

• Only the set of Load Line marks corresponding to the least freeboard assigned shall normally show the full grid markings. The additional increased freeboards shall be marked as “all seasons”, and only the Load Line Mark and the Fresh Water Load Line need be marked, cf. ICLL 66, regulation 6(6). However, in individual cases and at the discretion of the owner, a full grid of density and seasonal load lines may be marked;

• Upon completion of the survey the surveyor shall advice the Master of his responsibilities related to the management of the multiple load lines certificates, providing him with the Load Line Certificates issued.

When there is an alteration of the load line marks:

• The Recognised Organisation (RO) surveyor shall witness each change of marks, verify that the exhibited certificate corresponds to the marks displayed on the ship’s side, seal the envelope containing the other certificates and ensure that the master makes an official entry in the ship’s deck logbook;

• In the event that the change of marks is scheduled for a port where a surveyor is unavailable, and upon approval of the Administration and Recognised Organisation (RO), the changes may be made under the Masters responsibility. Recognised Organisation (RO) shall attend the ship at the next convenient port to survey and endorse the change in accordance with the requirements above.

Only the Load Line Certificate corresponding to the actual freeboard that the ship has been assigned shall be valid and the information, namely the ship’s deadweight, given in other certificates shall be in accordance with it. The stability booklet shall contain information relating to all the freeboards assigned for which a Load Line Certificate has been issued.

Recognised Organisation (RO) shall report to the Administration in the following instances:

1. A vessel requests assignment of multiple load lines;

2. An initial survey is carried out and multiple Load Line Certificate(s) are issued to a ship (Copies of the certificates are to be added to the report.);

3. Every time a ship changes load lines marks and Load Line Certificate(s).

SOLAS 74

Cargo Ship Safety Construction Certificate

Partial authorization for ships registered in Portuguese Conventional Register of Ships (RC).

Lifting appliances

(Administration email dated 08/02/2026)

While SOLAS II-1/3-13.2.1 and 2.4 are not applicable to lifting appliances with SWL less than 1000 kgs, lifting appliances with a safe working load below 1000 kgs installed on or after 1 January 2026, shall be load tested and thoroughly examined by the manufacturer prior to installation onboard and provided with a certificate of test.

For all lifting appliances with a safe working load below 1000 kgs, shipowners and operators should assess their usage and associated risks, and incorporate procedures for inspection, maintenance, and training/familiarization into the shipboard Safety Management System (SMS).For lifting appliances installed before 1 January 2026, and not below 1000 kgs, they shall be tested and thoroughly examined, based on the MSC.1/Circ.1663 and comply with paragraph 2.3 no later than the date of the first renewal survey on or after 1 January 2026.

Cargo Ship Safety Equipment Certificate

No authorization for ships registered in Portuguese Conventional Register of Ships (RC).

Servicing/Inspection of live-saving appliances

(DGRM Circular No.30 Rev.1)

Inflatable Liferafts, Marine Evacuation Systems (MES), Inflatable Lifejackets and Hydrostatic Releases shall be regularly serviced at an “Approved Service Station”.

In a general way, servicing/inspection are due at interval not exceeding 12 months. An extended period of no more than 5 months may be granted by the Administration. The Application as well as the form showed in Annexes of the Circular have to be filled in and sent together with a copy of the latest certificate of inspection/servicing to dsam.requerimentos@dgrm.mm.gov.pt.

The Administration also allows servicing intervals of up to 30 months for certain kind of equipment (liferafts) for the first ten years of their service lives, when it is specially packed to allow for extended service intervals.

For further information, refer to attached file “Circ 30 Rev 1”.

Long Range Identification and Tracking of ships (LRIT)

(DGRM Circular No.46)

A conformance test is required for all shipborne LRIT equipment. It shall be conducted by one of the Portuguese authorised Testing Application Service Provider (Testing ASP): Pole Star, Transas, CLS and Fulcrum. The ASP issues the Conformance Test Report (CTR) document, the original shall be placed on board

During any renewal or annual surveys following the initial certification of compliance of a ship with the requirements of SOLAS V/19-1, Recognised Organisation (RO) shall ensure that ships / units have a valid CTR on board.

For further information, refer to attached file “Circ 46 - LRIT - EN”.

Fixed high pressure CO2 fire-extinguishing systems

(Administration email dated 29/06/2018)

The Administration requires that Portuguese flagged ships shall devise their maintenance plans for this equipment taking into consideration, at least, the minimum requirements recommended in IMO MSC1./Circ. 1318 “Guidelines for the maintenance and inspection of fixed carbon dioxide fire-extinguishing systems”.

Cargo Ship Safety Radio Certificate

No authorization for ships registered in Portuguese Conventional Register of Ships (RC).

Passenger Ship Safety Certificate

No authorization for ships registered in Portuguese Conventional Register of Ships (RC).

Others

Clarification on the term “Bulk Carrier”

(Email from the Administration dated 27/03/2012)

The Administration applies the requirements of the IMO Resolution MSC.277(85) (“Clarification of the term “bulk carrier” and guidance for application of regulations in SOLAS to ships which occasionally carry dry cargoes in bulk and are not determined as bulk carriers in accordance with Regulation XII/1.1 and Chapter II-1”), as recommended by IMO.

Recognised Organisation (RO), acting as RO, is therefore to implement this resolution as required.

INF code

(Letter from the Administration dated 25/02/2014)

Full authorization for ships registered in Portuguese Conventional Register of Ships (RC).

Recognised Organisation (RO) is authorized to carry out all specific tasks on behalf of Portuguese Administration for issuing the international certificate for cargo transportation as per INF code, adopted by IMO resolution MSC.88(71).

MARPOL 73/78

Annex I. IOPP certificate

Regulations for the prevention of pollution by oil

No authorization for ships registered in Portuguese Conventional Register of Ships (RC).

Annex II. NLS certificate

Regulations for the control of pollution by Noxious Liquid Substances in bulk

Partial authorization for ships registered in Portuguese Conventional Register of Ships (RC).

Annex IV. ISPP certificate

Regulations for the prevention of pollution by sewage from ships

No authorization for ships registered in Portuguese Conventional Register of Ships (RC).

Annex V

Regulations for the prevention of pollution by garbage from ships

Reserved.

Annex VI

Regulations for the prevention of air pollution from ships

No authorization for ships registered in Portuguese Conventional Register of Ships (RC).

Data Collection System for fuel oil consumption of ships

(Administration email dated 03/07/2018)

Recognised Organisation (RO) is authorized to perform the following statutory services:

• Reviewing of SEEMP Part II and issuance of Confirmation of Compliance, (MARPOL Annex VI, Regulation 5, para. 4.5)

• Verification of reported data, (MARPOL Annex VI, Regulation 22A)and Issuance of Statement of Compliance (MARPOL Annex VI, Regulation 5, para. 4.5)

• Submission of reported data to the IMO Ship Fuel Oil Consumption Database ((MARPOL Annex VI, Regulation 22A, para. 9)

EEDI/EEXI and CII - Definition of Heavy Load Carrier

(Administration email dated 16/06/2022)

Regarding the definition of Heavy Load Carriers, within the scope of the Chapter 4 of Annex VI of the MARPOL Convention (EEDI/EEXI and CII), the Administration accepts the IACS Recommendation n° 170. In this sense, the RO's are responsible for the verification of the terms contained in the referred recommendation, which, once confirmed, is authorized to issue a new statutory certification, reflecting the new ship typology, and must inform this Administration of its issuance.

SEEMP Part III - Company and Shipboard Audits

(Flag Instruction 02/2025)

On satisfactory assessment of SEEMP part III, the Administration should issue the Confirmation of Compliance.

The Administration has decided to delegate to recognized organizations the verification and the company audits related to the SEEMP.

Verification of implementation aspects of the SEEMP on board (monitoring, self-evaluation and improvements, etc.) may be combined with the ISM audits.

Electronic Record Books (ERB) under MARPOL and NOx Technical Code

(Circular No.72)

Electronic Record Books may be used on board to meet the following record book and recording requirements, under the MARPOL Annexes and the NOx Technical Code:

• Oil Record Book, parts I and II (MARPOL Annex I, regulations 17.1 and 36.1);

• Cargo Record Book (MARPOL Annex II, regulation 15.1);

• Garbage Record Book, parts I and II (MARPOL Annex V, regulation 10.3);

• Ozone-depleting Substances (ODS) Record Book (MARPOL Annex VI, regulation 12.6);

• Recording of the tier and on/off status of marine diesel engines (MARPOL Annex VI, regulation 13.5.3);

• Record of Fuel Oil Changeover (MARPOL Annex VI, regulation 14.6);

• Record Book of Engine Parameters (NOx Technical Code, paragraph 6.2.2.7).

The type approval process is delegated to Recognised Organisations (ROs) authorized to act on behalf of the Administration and listed in Circular no. 34, and may also include onboard installation.

Recognised Organisation (RO) shall verify the compliance of the system with the provisions of IMO Resolution MEPC.312(74) and any additional requirement established by Recognised Organisation (RO). Upon completion of the assessment, Recognised Organisation (RO) is required to proceed with the issuance of the ship Declaration of MARPOL Electronic Record Book on behalf of the flag.

Initial verification

Once the system has been duly approved by the RO, an initial verification onboard is to be performed by Recognised Organisation (RO) in charge for the issuance of the relevant statutory certification.Scope of the verification is to confirm the correct installation of the system onboard and confirm that the operational requirements established by the IMO Resolution MEPC.312(74) are complied with.Upon completion of the initial verification, the attending Recognised Organisation (RO) surveyor shall proceed with the issuance of the Declaration of MARPOL Electronic Record Book (Declaration). The form of the Declaration is the same as found in the Appendix to Resolution MEPC.312(74).The Declaration shall have its validity aligned with survey window of the next IOPP periodical survey.A Declaration may be issued by any Recognised Organisations (ROs) authorized to act on behalf of the Administration, regardless of the manufacturer or who the system has been approved by (providing the system has been approved as per the procedure defined by this Circular No. 72).

Annual verification

In conjunction with the relevant Statutory Periodical Surveys (Annual, Intermediate and Renewal), the attending Recognised Organisation (RO) surveyor is required to check that the ERB is fully operational and updated to the last version, additionally to the required verification of the records required by the applicable international convention and codes.

Upon completion of all relevant statutory periodical surveys, the attending Recognised Organisation (RO) surveyor is required to renew the Declaration of MARPOL Electronic Record Book, for the validity not exceeding the time window of the next periodical survey.

Tonnage 69

Tonnage certificate

No authorization for ships registered in Portuguese Conventional Register of Ships (RC).

COLREG 72

Drawings approval

Full authorization for ships registered in Portuguese Conventional Register of Ships (RC).

AFS Convention

Anti Fouling Convention

Full authorization for ships registered in Portugal.

Further entry into force of AFS Convention, an International certificate has to be issued upon satisfactory survey. Existing Statement of Compliance have to be replaced by an International Certificate at 1st attendance (Administration email dated 23/05/2019).

Miscellaneous Technical Requirements

Marine Equipment Directive 2014/90/UE (MED)

Refer to Statutory surveys - General, Sections 7 and 8.

(Circular Nr. 57, Rev.3 attached file)

The Marine Equipment Directive 2014/90/EU (MED) has repealed MED previous version, Directive 96/98/EC, with effect from 18 September 2016.

The Administration has established procedures to ensure that compliance and particularly address the cases of transfer of flag, where guidance is most required.

Issuance of Certificate of Equivalence:

Certificates of Equivalence are issued by the Administration at Companies/Owners request.

Applications for Certificates of Equivalence shall be submitted by Companies/Owners through Recognised Organisation (RO). File M-DSAM-130(0) Anexo C_57.xlsx is to be filled.

Recognised Organisation (RO) obligations

Recognised Organisation (RO) is authorized to perform the tasks mentioned in this circular 57 excluding evaluate the equivalences process and the issuance of the Certificate of Equivalence.

Recognised Organisation (RO) is required to keep evidence of the processes, for auditing purposes, taking also in consideration the guidance provided in this circular 57.

Non classed and/or non convention ships

Refer to the procedure in the attached file “PI MAR 03_Non classed and non convention ships Rev 02_06032024”.

IACS Recommendation 99

(Administration email dated 23/01/2025)

The Administration confirms the application of the requirements of IACS Recommendation 99 to non-convention ships. Recognised Organisation (RO) may issue a Statement of Compliance accordingly.

POLAR Code

(Administration email dated 05/07/2018)

On a case-by-case basis, Recognised Organisation (RO) is authorized to carry out surveys, review the Polar Water Operation Manual and issue the Polar Ship Certificate.

EU Regulation No 1257/2013 on Ship Recycling

(Administration email dated 06/02/2019)

Recognised Organisation (RO) is fully authorized to carry out the statutory tasks on behalf of the Portuguese Administration related to the Regulation EU Nr 1257/2013 provisions on ship recycling.

(Circular No.82)

Following the entry into force of the Hong Kong Convention on 26 June 2025, and for the purposes of legal certainty and administrative simplification, it is necessary to ensure that the templates for the Inventory of Hazardous Materials Certificate and the Ready for Recycling Certificate issued pursuant to Regulation (EU) No 1257/2013 may be used both under that Regulation and under the Hong Kong Convention.

In this context, with effect from 9 February 2026, the International Ready for Recycling Certificate and the International Inventory of Hazardous Materials Certificate shall be issued in accordance with the templates set out in both COMMISSION IMPLEMENTING DECISIONS (EU) 2026/121 and 2026/116 of 19 January 2026.

The already issued certificates remain valid until their expiry date.

Hong Kong International Convention for the Safe and Environmentally Recycling of Ships, 2009

(Circular No.81)

(Administration email dated 24/07/2025)

Recognised Organisation (RO) is fully delegated for the survey and issuance of International Certificate on Inventory of Hazardous Materials and International Ready for Recycling Certificate. This is applicable to ships classed and not classed by Recognised Organisation (RO).

The initial and renewal surveys should be harmonized with the surveys required by other applicable statutory instruments of the IMO.

The certificates issued under this Convention do not replace the certificates required under Regulation (EU) No 1257/2013. The requirements for the Inventory of Hazardous Materials (IHM) under this Convention do not substitute the IHM required under Regulation (EU) No 1257/2013.

Ships to whom a Statement or Document of Compliance has already been issued, and with validity extending beyond 26th June 2025, by a Recognized Organization with an agreement with the Portuguese Administration, in compliance with the Convention, may have their International Certificate on Inventory of Hazardous Materials (IHM) issued without requiring an additional shipboard inspection, provided that the Inventory of Hazardous Materials (IHM Part |) has been properly maintained and updated as per the applicable requirements, during an attendance on board at the first scheduled annual survey.

In the case the Recognized Organization which is to issue the International Certificate on Inventory of Hazardous Materials is not the same which the ship is Classed, and by whom a Statement or Document of Compliance has already been issued, with validity extending beyond 26th June 2025, upon notifying the Administration, a Certificate may be issued administratively, provided that the Inventory of Hazardous Materials (IHM Part |) has been properly maintained and updated as per the applicable requirements.

MLC, 2006

Scope of authorisation

Specific Flag Requirements

Extract from Annex IV Declaration from the Portuguese Maritime administration (file attached)

This declaration is issued by the Portuguese Maritime Administration and has the purpose to inform Parties, Administrations and the port State control Authorities on the procedure for replacing documentation issued before 12th May 2017, period during which Portugal was not a State Party to the Maritime Labour Convention, by the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance provided in the Maritime Labour Convention.With the entry into force of the Maritime Labour Convention for Portugal, which will occur on the 12th May 2017, it becomes necessary to replace the documentation previously issued by the Portuguese Maritime Administration, or by the Recognized Organization acting on its behalf, by the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance, provided in the Maritime Labour Convention.Recognizing the need for the replacement of the existing documentation on board to be made in a way not to cause interruptions to the normal operation of ships, the Portuguese Maritime Administration informs Parties, Administrations and the port State control Authorities that the documentation already existing on board, namely the Declaration of Maritime Labour Compliance and the Interim Declaration of Maritime Labour Compliance, is replaced by the Maritime Labour Certificate and by the Declaration of Maritime Labour Compliance, respectively, by the renewal date of the Document of Maritime Labour Compliance or by the intermediate inspection date, whichever occurs first after 12th May 2017.The Document of Maritime Labour Compliance is always complemented by a copy of the certificate(s) attesting the financial security for repatriation and the financial security related to shipowners liability, complying therefore with the provided in the resolution adopted by the International Labour Organization.

Extract from Circular N.º 42 - MLC 2006 – Implementation of the Maritime Labour Convention (MLC) to ships flying the Portuguese flag – Certification Process4. DOUBTSDoubts arising on the classification of a ship or qualification of seafarer are decided by the Direção-Geral de Recursos Naturais, Segurança e Serviços Marítimos (DGRM), upon consultation of national associations of shipowners and seafarers on board.5. HOW TO OBTAIN THE MARITIME LABOUR CERTIFICATE (CMLC) AND THE DECLARATION OF MARITIME LABOUR COMPLIANCE (DCMLC) 5.1 General provisions5.1.1 The Maritime Labour Certificate (CMLC), complemented by a Declaration of Maritime Labour Compliance (DCMLC), shall constitute prima facie evidence that the ship has been duly inspected on behalf of the Portuguese maritime administration and that the requirements of the CMLC relating to working and living conditions of the seafarers have been met to the extent so certified. The DCMLC must be attached to the CMLC. 5.1.2 The CMLC and the DCMLC shall conform, respectively, to the models included in the appendix I and II to this procedure.5.2 General procedure for the issuing of CMLC and DCMLCAs from 12 May 2017, inclusively, date from which Portugal is a State Party to the MLC, the issuing of the CMLC and of the DCMLC is carried out according to the following steps:5.2.1 Step 1 (DCMLC Part I – to be carried out by DGRM) – The shipowner shall apply to DGRM for the issuing of DCMLC Part I for the vessel concerned by filling and sending the Application Form and the model of ANNEX II (Part I of DCMLC), which may be downloaded from the DGRM’s official website, to the following email address mlc@dgrm.mm.gov.pt, accompanied by a copy of the certificate, or certificates, confirming the financial security for repatriation and the financial security relating to shipowners liability.Part I is drawn up by DGRM which: (i) identifies the list of items to be inspected in accordance with Standard A5.3.1.1 and Appendix A5-I of MLC; (ii) identifies the national requirements embodying the relevant provision of MLC, by providing a reference to the relevant national legal provisions including, whenever necessary, concise information on the main content of the national requirements; (iii) refers to ship-type specific requirements under national legislation; (iv) record any substantially equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption granted by DGRM as provided in Title 3 of MLC.The shipowner will receive an electronic version of Part I and the original document, duly signed by DGRM, will follow by express mail. 5.2.2 Step 2 (DCMLC Part II – to be carried out by the shipowner) – After receiving from DGRM the ship’s specific Part I of DCMLC, the shipowner shall prepare Part II of DCMLC to ensure continued compliance with the requirements set out in Part I. The shipowner shall draw up Part II of DCMLC before the inspection on board is carried out and the procedures to be included in Part II of DCMLC shall identify the measures adopted to ensure ongoing compliance with the national requirements between inspections and the measures proposed to ensure that there is continuous improvement. The procedures should be part of the existing Safety Management System (SMS). The measures referred to in DCMLC Part II, drawn up by the shipowner, should, in particular, indicate the occasions on which ongoing compliance with particular national requirements will be verified, the persons responsible for verification, the records to be maintained, as well as the procedures to be followed where non-compliance is noted.

5.2.3 Step 3 (analysis of DCMLC Part II – to be carried out by DGRM or the RO) – Before requesting the inspection on board, the shipowner shall submit DCMLC Part II to DGRM or to the recognized organization (RO) authorized for that purpose. DGRM or the RO will assess if the measures outlined in Part II are relevant to the national requirements listed in DCMLC Part I, and if they endure a permanent compliance with those prescriptions. This assessment may be carried out on shore.5.2.4 Step 4 (to be carried out by DGRM or the RO)5.2.4.1 The shipowner shall request to DGRM or the RO for an on board inspection.5.2.4.2 Upon successful completion of the inspection, DGRM or the RO shall:i) Issue an inspection report;ii) Sign the DMLC Part II;Note 1: The list of Recognized Organizations authorized by DGRM to act on its behalf is stated on circular n.º 34 Rev.1, of 29/11/2016.Note 2: In the case of inspection be performed by the RO, the inspection report shall be emailed to DGRM, using for this purpose the following email address: mlc@dgrm.mm.gov.pt, or, alternatively, sent to DGRM through the RO site.iii) Issue the Maritime Labour Certificate (CMLC).The “Guidelines for Flag State Inspections” published by the International Labour Office should be consulted by inspectors as well as by shipowners. This publication provides the basic framework for MLC-inspections on board ships flying the Portuguese flag, and indicates which regulations and standards form part of inspections in accordance with MLC 2006. Inspections should be carried out in accordance with these guidelines. The inspector has the discretion to determine the scope of the inspection within each area in accordance with his or her professional judgement.6. PROCEDURE FOR THE TRANSITIONAL PERIOD (UNTIL 11TH MAY 2017)6.1 During the transitional period, ending by the 11th May 2017 and occurred from the fact that Portugal only becomes a State Party to MLC from 12th May, circular n.º 12, of 10/1/2014, issued by DGRM, is still in force.6.2 During this transitional period, the Document of Maritime Labour Compliance (DCMLC) must always be accompanied by a copy of the certificate or certificates confirming the financial security for repatriation and the financial security relating to shipowners’ liability, complying therefore with the provided in the “Resolution on the transitional measures relating to the entry into force of the amendments to the Maritime Labour Convention, 2006, concerning financial security requirements in respect of abandonment of seafarers and for shipowners’ liability” adopted by the International Labour Convention (ANNEX III).7. REPLACEMENT OF THE DOCUMENTS ISSUED BEFORE 12TH MAY 20177.1 The DCMLC and DIMLC are replaced, respectively, by the CMLC and the DCMLC, in the renewal date of the DCMLC or in the date of the intermediate inspection, whichever occurs first after 12th May 2017.7.2 The request for replacement of the DCMLC and the DIMLC follows the Procedure in 5.2, “General procedure for the issuing of the CMLC and the DMLC” and is submitted to DGRM until three months prior the due date for the replacement of the DCMLC and the DIMLC (renewal date of the DCMLC or the date of the intermediate inspection).7.3 The validity of the CMLC to be issued is of five years, in the case the shipowner carries out a renewal inspection, or until the date of validity of the DCMLC in the case an intermediate inspection is carried out.7.4 Ships covered by this item 7. shall always hold on board the declaration issued by the Portuguese Maritime Administration (DGRM), as per ANNEX IV, for consultation by the different authorities.7.5 The Document of Maritime Labour Compliance (DCMLC) must always be accompanied by a copy of the certificate or certificates confirming the financial security for repatriation and the financial security relating to shipowners’ liability complying therefore with the provided in the resolution adopted by the International Labour Convention (ANNEX III).8. VALIDITY OF THE CMLC8.1 The CMLC is valid for a period of five years provided that an intermediate inspection is successfully carried on board the ship on the sixteen points of the DCMLC between the second and third anniversary dates of the certificate.8.2 The CMLC shall be endorsed following a satisfactory intermediate inspection.8.3 The CMLC is no longer valid in the following situations. 8.3.1 If the inspections prescribed are not carried out within the period referred to in 1; 8.3.2 If the CMLC is not endorsed according to as required in 2; 8.3.3 In case a change in the ship’s flag occurs; 8.3.4 Whenever the shipowner is no longer responsible for the operation of the ship; 8.3.5 Whenever significant changes to the structure or equipment mentioned in Title 3 of MLC occur. 8.4 The CMLC shall be withdrawn by DGRM, or by the RO, if there is sufficient evidence that the ship no longer complies with the provisions of the CMLC and that no corrective measure has been taken. By taking this decision, DGRM, or the RO, shall have into consideration the seriousness or the recurrence of deficiencies.9. ISSUE OF THE INTERIM CMLC 9.1 The CMLC may be temporarily issued in the following situations: 9.1.1 New ships whenever they are delivered 9.1.2 Whenever flag changing occurs; 9.1.3 Whenever the shipowner is responsible for the operation of a ship which is new to that shipowner. 9.2 The interim CMLC is issued for a period no longer than six months, by the DGRM or the RO, when the following has been verified: 9.2.1 The ship has been inspected, in so far as is reasonable and possible, concerning the provisions in ANNEX II (Part I of DCMLC), taking into account the elements mentioned in sub paragraphs b), c) and d) of this number; 9.2.2 The shipowner has demonstrated to DGRM, or the RO, that the on-board procedures adequate to the compliance of the CMLC have been implemented; 9.2.3 The master has knowledge of the regulating standards of the CMLC and of its obligations related to its implementation; 9.2.4 The relevant information was submitted to DGRM, or the RO, for the issue of a DCMLC. 9.3 The issuing of the CMLC with five year validity is dependent of the carry out, before the expiry of the validity of the interim CMLC of a complete inspection to items of ANNEX II (Part I of DCMLC). 9.4 After the initial period of six months a new interim DCMLC shall not be issued. 9.5 The issuing of a DCMLC for the period of validity of the interim CMLC is not required.10. COMPLAINTS10.1 Complaints received by the RO during a CMLC inspectionIf a seafarer written complaint is received during a CMLC inspection, the inspector should not intervene to resolve the complaint but instead check to see if the seafarer is aware of the on-board complaint procedure and whether the seafarer has made use of the procedure.In addition, the inspector should conduct the inspection taking into account the seafarer complaint(s) by selecting the appropriate sample size for the inspection and areas to be inspected in order to ascertain if the seafarer working and living conditions on board comply with the requirements of the Convention and the requirements of the Portuguese national legislation, and whether the on-board complaint procedure is effective.Any non-compliance discovered during the inspection, including deficiencies pertaining to the seafarer complaint should be documented in the inspections report keeping in mind the confidentiality requirements of the Convention.A written complaint provided by the seafarer should nevertheless be attached to the copy of the report submitted to DGRM.Where the working and living conditions are alleged to be defective to the extent that a clear hazard to the safety, health or security of seafarers exists, the written complaint should be forwarded to DGRM without delay10.2 Complaints received by the RO and other than during a CMLC inspectionA written complaint received by the RO, other than during a MLC inspection should be forwarded to DGRM for resolution. No further action by the RO is required unless otherwise instructed by DGRM.10.3 Verbal complaintsWhere an RO receives a verbal complaint, the complainant should be encouraged to turn to the procedure of on-board complaint and seek resolution of the on-board complaint. If the seafarer feels unable to use complaints procedure (perhaps for fear of victimization or lack of faith in its effectiveness) the RO should point out that the on-board complaint procedure (a copy of which should be handed over to the seafarer) contains contact details of DGRM and the name of a person or persons on board who can provide confidential assistance.If the seafarer insists that he does not want to use on-board complaint procedure and would like to register the complaint with the ROs, as the DGRM representative on board, the RO should not refuse to pass on a complaint to the DGRM. However, the seafarer should be advised that the RO can do so only if the complaint is made in writing and signed by the complainant.10.4 Written complaintsWritten complaints that are received should specify the source of the complaint including information of identification of the shipowner, seafarer(s) and of the ship involved.Items 10.1 and 10.2 describe measures the ROs should take further to receiving a written complaint from a seafarer on a ship that has inspected and/or certified under the Maritime Labour Convention, 2006.11. RECRUITMENT AND PLACEMENT AGENCIES, PUBLIC OR PRIVATE11.1 Shipowners shall ensure, as far as practicable, that the recruitment and placement services, public or private, established in States that have not ratified the Maritime Labour Convention, 2006, whose services they use for recruitment and placement of seafarers on board ships flying the Portuguese flag, respect the provisions of the mentioned Convention.11.2 The recruitment and placement agencies, public or private, shall satisfy, at least, the following provisions:11.2.1 Shall be licensed or certified, respectively, by the public employment service in the case of agencies in the national territory, or by the competent authority of a State which has ratified the MLC 2006, in case the agency is established in that State.(The national seafarer recruitment and placement agencies mentioned in ANNEX V are authorized, until their Certification, to recruit and place seafarers on board ships flying the national flag)11.2.2 In the case of agencies established in a State that hasn’t ratified MLC, the agency must be certified by an RO, according to MLC provisions, and the agency must yet have a certified quality management system according to ISO 9001.

2022 Amendments to MLC

(Circular No. 80)

Maritime Labour Certificates and Declarations of Maritime Labour Compliance will remain valid until replacement. Shipowners/Shipmanagers are expected to update their (DMLC Part II), initially by way of an addendum and also to change their policy, as well as their procedures, manuals and related documentation to reflect the new requirements/amendments.

Compliance related to the amendments, as of their date of entering into force, shall be verified by Recognised Organisation (RO) with an agreement with the Administration, by means of a review to be taken place during the inspection carried out at the next attendance for renewal in concern to MLC, 2006.

Appendix — Agreement governing the delegation of statutory certification services of ships

Agreement

See the attached file “Agrement_Portugal_RO_29072016.pdf” and “Amendment_01012017_RO_Portugal.pdf”.

Appendix 1 to the Agreement

Applicable Instruments and Degree of Authorisation

See the attached file “Appendix1_Portugal_RO_29072016.pdf”.

Appendix 2 to the Agreement

Reporting to the Administration

See the attached file “Appendix2_Portugal_RO_29072016”.

Appendix 3 to the Agreement

Delegation of tasks to a Recognized Security Organisation for vessels (RSO/OPRN), under article 31 of Decree-Law n° 226/2006, from 15 November

See the attached file “Appendix3_Portugal_RO_29072016”.

Appendix 4 to the Agreement

Model of the certificate

See the attached file “Appendix4_Portugal_RO_29072016”.

Appendix — Specific Certificates: National and bilingual International certificates.

List of National certificates

- Maritime Labour Certificate

- Maritime Labour Document of Compliance