The flag State should establish or participate in an oversight
programme with adequate resources for monitoring of, and communication
with, its RO(s) in order to ensure that its international obligations
are fully met, by:
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.1 exercising its authority to conduct supplementary
surveys to ensure that ships entitled to fly its flag in fact comply
with the requirements of the applicable international instruments;
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.2 conducting supplementary surveys as it deems
necessary to ensure that ships entitled to fly its flag comply with
national requirements, which supplement the international mandatory
requirements; and
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.3 providing staff who have a good knowledge of
the rules and regulations of the flag State and the ROs and who are
available to carry out effective oversight of the ROs.
5.2
Flag State's supervision of duties delegated
to an RO
The flag State's supervision of duties delegated to an RO
should consider, inter alia, the following:
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.1 documentation of the RO's quality management
system;
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.2 access to internal instructions, circulars
and guidelines;
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.3 access to the RO's documentation relevant to
the flag State's fleet;
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.4 cooperation with the flag State's inspection
and verification work; and
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.5 provision of information and statistics; such
as, but not limited to, damage and casualties relevant to the flag
State's fleet.
5.3
Verification and monitoring
The flag State should establish a system to ensure the adequacy
of statutory certification and services provided. Such a system should,
inter alia, include the following items:
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.1 procedures for communication with the RO;
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.2 procedures for reporting to the flag State
by the RO and the processing of such reports by the flag State. The
following reporting requirements should be considered:
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.1 the RO should notify the flag State immediately
upon becoming aware of a situation involving a major deficiency, or
serious safety-related issue, that would normally be considered sufficient
to detain a ship from proceeding to sea pending correction;
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.2 the RO should notify the flag State(s) immediately
upon becoming aware of a situation aboard ship or within a company
involving a major non-conformity, as defined in the Guidelines
on the Implementation of the International Safety Management (ISM)
Code by Administrations (resolution
A.1022(26), as amended);
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.3 the notification above should contain the name
of the company or ship, the IMO number, the official number, if applicable,
and a description of the major non-conformity, deficiency or issue;
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.4 the RO should inform the flag State, as soon
as possible, of any dangerous occurrences, accidents, machinery or
structural breakdowns, or failures that they are aware of on a ship;
and
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.5 the RO should report to the flag State in writing
the names and official numbers, if applicable, of any ships removed
from the RO's list of classed/certified ships for which the RO has
performed statutory certification and services. The report should
contain a description of the reason(s) for removal from class, and
this should be made within thirty (30) days of the removal becoming
effective;
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.3 additional ship's inspections by the flag State;
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.4 appropriate technical and/or safety related
consultations between ROs regarding statutory certification and services,
which may affect the validity of certificates issued either in whole
or in part on behalf of the flag State(s);
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.5 the flag State's evaluation/acceptance of the
certification of the RO's quality management system by an independent
body of auditors accepted by the flag State;
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.6 monitoring and verification of statutory certification
and services, which contribute either in whole or in part to compliance
with a mandatory IMO instrument. The flag State should consider the
implementation of the following:
-
.1 flag State's oversight of RO quality management
systems;
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.2 observation of or systematic review of reports
of the quality management system audits conducted by other qualified
persons or organizations external to and independent of the RO;
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.3 verification and inspection of ships that are
subject to statutory certification and services; and
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.4 complaint and feedback system and corrective
action follow-up;
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.7 a flag State accepting ships constructed without
its involvement should establish that an RO conducting statutory certification
and services of the ship conforms to this Code; and
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.8 for ships constructed without an identified
flag State, the flag State specific requirements should be verified
prior to certification.