FMA-Regluportalur

(Translation. Only the Faroese version is authentic)

Nr. 165 af 21. December 2001

Chapter 1: Application and Administration

Chapter 2: The construction of ships, equipment and operation, etc.

Chapter 3: Inspection of ships, etc.

Chapter 4: Classification Societies, etc.

Chapter 5: General obligations

Chapter 6: Navigation

Chapter 7: Detention and denial of access to ports

Chapter 8: The Maritime Committee of Appeals

Chapter 9: The Advisory Body

Chapter 10: Fees

Chapter 11: Violation and Punishment

Chapter 12: Entry into Effect

In accordance with the resolution of the Faroese Parliament the Prime Minister of the Faroese Government ratifies and announces this Parliamentary Act:

Chapter 1 Application and administration

1.  -(1) The Act applies to Faroese ships.

(2) The Minister may by a statutory instrument make this Act or parts of the Act and statutory instruments and other regulations in accordance with the Act apply to non-Faroese ships in Faroese waters, Faroese fishing zone or on the Faroese continental shelf, cf. (3) of this section.

(3) The Act does not apply to ships of war and troop ships. The Minister may decide that the ordinary rules of the road at sea and the general provisions for sailing laid down in accordance with the Act shall apply to these vessels.

(4) The Minister may decide that the Act and regulations in accordance with the Act totally or partially shall apply to floating fish farms.

2.  -(1) The Minister is the final administrative authority according to this Act, cf. section 42 (1).

(2) The Minister may decide to have his authorities in accordance with this Act administered by the Faroese Maritime Authority. Regulations made by the Faroese Maritime Authority in accordance with this authority are announced in the official gazette from the Faroese Maritime Authority.

(3) The Minister may in special circumstances decide to have his authorities according to the Act administered by other official authorities than the Faroese Maritime Authority.

(4) The Faroese Maritime Authority administers the Act and ensures that the Act and regulations, orders and bans according to the Act are complied with, cf. (3)

(5) The Minister may in consensus with the appropriate Minister issue detailed rules that impose an obligation on the Faroese Maritime Authority to co-operate with other official authorities.

3.  -(1) Where the Minister employs his powers according to section 2 (2), (3) and (5), he must lay down rules of appeal.
4.  -(1) The Faroese Maritime Authority has the authority to require that matters that are in contravention of the Act, regulations or decisions according to the Act shall be corrected immediately or within a determined time limit.
5.  Every year, the Minister presents a report to the Faroese Parliament on the status of the safety at sea and on the Minister's future plans within this area. Along with the report, the Minister submits to the Parliament a full list of regulations that have been put into force since the last report.

Chapter 2 Construction, equipment and operation, etc.

6.  -(1) All ships must be constructed, equipped and operated in a manner that provides for the best possible safety of human life at sea and in accordance with the operation meant for the ship. All possible precautions must be taken against pollution of the sea.

(2) The ship must have all necessary equipment for navigation, machinery, communication, fire protection and fire fighting, rescue and medicine ensuring the best possible safety of the ship and all humans and all freight on board as well as the sea traffic in general.

(3) Working areas and social quarters must be arranged in observance of the safety, health and well-being of those on board.

(4) The ship must be constructed and equipped for prevention of pollution of the sea.

7.  -(1) The Minister may issue rules regarding the construction of ships, equipment, stability, load lines, freeboard marks and draught marks.

(2) The Minister may issue rules regarding safety, fire and rescue plans on board, regarding health and hygiene, prevention of pollution of the sea, training of those in charge of medical treatment and regarding sanitary and health inspections on board.

8. -(1) For the protection of workers on board that are not subjects to the Act on working environment, the Minister may issue rules regarding the working environment on board, including equipment and material used in the operation on board, the arrangement of the rooms on board, marking, the use and maintenance of such equipment and material and the employer's obligations regarding safety and health.

9 -(1) The Minister may issue rules that provide which acts, statutory instruments, regulations, certificates, ship journals, including log books, charts, etc, and emergency plans in connection with prevention of pollution from ships and which certified books of inspections and the rules of their use and which notices must be on board.

10 -(1) The Minister may issue rules regarding the production, marketing and sale of pleasure vessels, ship equipment, personal protection equipment and other objects that are used on board ships, including the responsibilities of those who market pleasure vessels or equipment for protection against any safety, health and environmental risk that may arise in connection with the intended operation of the vessel or equipment.

(2) If a vessel or equipment does not comply with the safety, health or environmental requirements according to (1), the Faroese Maritime Authority may stop the marketing and require that all vessels sold are withdrawn and set nessecary orders and bans in this connection.

11 -(1) The Minister may issue rules regarding the responsibilities of the consignor in connection with the transport of goods at sea and regarding insulation, marking, loading, transport and unloading of dangerous goods or other freight, including living animals, that require special arrangements to ensure the safety of the ship and human life or to prevent pollution of the sea.

12 -(1) The Minister may issue rules regarding stowaways and the treatment of theses while on board.

13 -(1) The Minister issues rules regarding investigations of accidents at sea that involve Faroese ships and other accidents at sea that have relation to the Faroe Islands for the purpose of establishing the cause of the accident and for the prevention of accidents. The Minister may, if needed, use non-Faroese expertise for this purpose.

14 -(1) Regarding the implementation of international rules or recommendations, the Minister may, apart from his powers according to sections 6 - 12, issue rules regarding the construction of ships, ship equipment, operation of ships and prevention of pollution of the sea. Such rules may also apply to ships that are not subjects to international regulations.

15 (-1) A ship, which keel has been laid or which is at a similar stage of construction when rules according to sections 6-12 and section 14 come into force, can be wholly or partially excepted from theses rules, but prevention of pollution of the sea and safety and health as well as type and operation of the ship must be taken into consideration.

(2) The Minister may issue special rules for ships of less than 20 GRT or GT, ships of 15 meters or less, and ships worth preserving.

Chapter 3 Inspection of Ships, etc.

16 -(1) Ships are inspected by the Faroese Maritime Authority, or others who have been authorized to carry out inspections by the Minister.

17 -(1) The Faroese Maritime Authority approves the operation of ships, including permitted areas of navigation and number of passengers, etc and issues the necessary certificates and other relevant documents in this connection.

18 -(1) The Faroese Maritime Authority or the authorized person according to section 16 carry out the following inspections:

(i)  Initial inspection when new buildings, ships that have undergone major conversions, and imported ships enter operation,
(ii)  inspections at regular intervals according to further detailed rules, and

supplementary inspections, when needed.

(2) The Minister issues detailed rules regarding the inspection of ships and regarding the obligations of the owner and the Master of the ship in this connection. The Minister may issue rules stipulating that certain ships shall not be inspected.

(3) The Minister may issue rules regarding inspection of equipment, etc. according to sections 6 and 7 (2) and sections 8-10.

19 -(1) Employees of the Faroese Maritime Authority and others with the authority to carry out ship inspections are in their capacity authorized, without a court order, to board any ship by showing valid identification.

(2) If required, identification shall be produced every time a ship is boarded.

(3) The owner, the Master, and the chief engineer or their representatives are under an obligation to assist employees of the Faroese Maritime Authority and those authorized to carry out ship inspections and provide all required information.

(4) The ship must not be unnecessarily hindered and operation on board must not be unnecessarily disturbed.

20 -(1) The Director of the Faroese Maritime Authority, surveyors, and other employees of the Faroese Maritime Authority must not be engaged in ship owner business or other business with relation to the construction of ships, reparation of ships or sale of ship equipment, etc, or be members of the management or board in a corporate entity operating within this field. Furthermore, they must not take on paid work in this line of business.

(2) Under other circumstances Chapter 2 in the Administration Act applies.

21 -(1) The police, customs officers, the Labor Inspection Authority, and harbor authorities shall without unnecessary delay notify the Faroese Maritime Authority if they become aware of any circumstances that are in contradiction to the Act or regulations laid down in accordance with the Act.

(2) Doctors shall inform the Faroese Maritime Authority if it can be documented, or if there is suspicion, that a crew member's health has been at risk during operation on board.

(3) The Minister issues rules regarding the obligation of notification of industrial accidents, poisoning, industrial related illness, and other matters of importance to safety and health.

Chapter 4 Classification Societies, etc.

22 -(1) The Minister may on further detailed conditions authorize a classification society or other companies or individuals to carry out ship inspections on behalf of the Faroese Maritime Authority with responsibility towards the Faroese Maritime Authority. The authorization may also comprise calculations, examinations and measuring of ships, and the issue of certificates.

(2) The Minister may on further detailed conditions authorize companies or individuals, with responsibility towards the Faroese Maritime Authority, to perform work that requires approval and to do examinations and tests on ships and equipment etc. that requires approval.

(3) The Faroese Maritime Authority is not obliged to perform work that others have been authorized to perform in accordance with (1) or (2) of this section.

(4) Where authorization has been given in accordance with (1) or (2) of this section, the Faroese Maritime Authority may make agreements as to limitations of responsibility of the authorized party for damage that has occurred due to simple incautiousness in connection with activity comprised by the authorization.

23 -(1) The Minister may issue rules requiring that all ships with a length of 24 meters or more must be approved by an authorized classification society.

(2) This does not apply to ships of less than 45 meters length that were Faroese when this Act came into force and that were not approved by an authorized classification society. Neither do the rules of (1) apply to ships of less than 45 meters length that entered the Faroese ship register at a later time provided that a contract for sale or construction had already been signed by a Faroese owner when the Act came into force.

Chapter 5 General obligations

24 -(1) The owner is under the obligation to ensure that deficiencies in the ship or equipment that have importance to the safety, working environment or pollution and which the owner is aware of, are corrected without delay.

(2) The owner shall make sure that the ship is inspected according to the regulations in force and that the ship has the necessary certificates.

(3) The owner shall make it possible for the Master to comply with his obligations.

25 -(1) The Master shall ensure good safety and health conditions on the ship and that the operation on board is properly arranged.

(2) The Master shall ensure that all obligatory arrangements for the prevention of pollution of the sea are in good conditions and serviceable for this purpose.

26 -(1) The person in charge of the operation on board shall ensure that the crew is properly secured against injury and damage to health and shall by guidance and control ensure that operation is carried out in a safe manner with regards to the risk of injury and health damage.

27 -(1) The crew shall do their best to make sure that precautionary measures taken against injury and damage are functioning.

28 -(1) Everybody on board a ship shall respect the safety precautions taken in order to ensure that the ship is seaworthy and that human life at sea is secured as good as possible.

29 -(1) Regarding the safety at sea, the Minister issues detailed rules about the field of responsibility of Officers and others in leading positions on board.

Chapter 6 Navigation

30 -(1) The Master shall see to that the ship is navigated in accordance with good seamanship and shall be familiar with the bans and regulations that apply to navigation in the appropriate area of navigation and berthing.

(2) All Masters must show necessary consideration to other sailing vessels and shall assist all in distress at sea, provided that this assistance does not jeopardize the safety of his own ship and crew, or should other circumstances allow an exception.

31 -(1) The Minister may issue rules and set general and specific orders or bans in order to ensure freedom of navigation, to prevent disorder and danger at sea, including navigation rules, the use of pilot between Faroese ports, the protection of submarine cables and submarine pipelines, the watch duties on board ships and rescue and the Master's and the owner's obligations according to international rules on navigation routes, navigation notifications and services.

32 -(1) The Minister may require that the Master shall observe and submit information about the weather and ice conditions as a part of the weather and ice service for safe navigation.

Chapter 7 Detention and denial of access to ports

33 -(1) The Faroese Maritime Authority may detain the ship, if the ship has deficiencies, or if other circumstances that may jeopardize the life or health of those on board exist. The same applies where there is a risk of pollution of the sea or where there is a risk to the sea traffic as such if the ship sails.

(2) The Faroese Maritime Authority may detain the ship if the ship does not hold all required certificates or if the owner or the Master or other party obstructs the Faroese Maritime Authority in the course of their duty.

34 -(1) If a ship is detained, the Master or the owner shall without delay receive notification of this decision including the reasons for the detention and the conditions for release.

(2) A condition for release may be that the authority that has issued the ship's certificates confirms that the ship can keep the certificates.

(3) The Faroese Maritime Authority may prevent a ship under detention from sailing.

35 -(1) If the ship has been detained according to section 33, the Faroese Maritime Authority may deny the ship access to Faroese ports if:

(i)  the ship leaves port or continues to sail despite a detention,
(ii)  the ship is not transferred to a predetermined repair yard, in order to rectify the deficiencies that caused the detention, or
(iii)  the ship is detained solely because of lacking ISM certificates and the detention is withdrawn even though the ship has not obtained the necessary ISM certificates.

36 -(1) The Faroese Maritime Authority may upon request from another country deny a ship access to Faroese ports if the ship does not carry the required ISM certificates or if the ship has violated the rules of detention in that country.

(2) If the Faroese Maritime Authority has denied a ship access to Faroese ports, permission to berth in a specific harbor may be granted, if continued operation at sea implies danger to human life or pollution of the sea. This permission may also be given for reasons of safety.

(3) Ban to access Faroese ports will be lifted when the cause to the ban has been corrected, cf. section 47 (4).

37 -(1) Only specifically authorized employees of the Faroese Maritime Authority may detain a ship. The Faroese Maritime Authority may authorize harbor masters to impose a temporary detention on a ship.

38 -(1) The Faroese Maritime Authority may notify other countries when a ship has been detained or denied access to Faroese ports and make public information about the ship, including the name of the classification society and the reasons for the detention or denied access to Faroese ports.

39 -(1) The Minister issues detailed rules regarding detention and denial of access to Faroese ports.

40 -(1) A ship owner may appeal the decisions about detention or denial to access Faroese ports to the Maritime Committee of Appeals.

Chapter 8 The Maritime Committee of Appeals

41 -(1) The Minister appoints The Maritime Committee of Appeals that shall have three members who's task is to make decisions in matters that according to the Act can be brought before the Maritime Committee of Appeals.

(2) Appeals regarding detentions and denials of access to Faroese ports must be settled as swiftly as possible.

(3) The chairman must meet the requirement in order to be appointed judge at the court of first instance.

(4) The other members must hold navigation and engine certificates respectively.

(5) For each member one substitute is elected.

(6) The members are elected for seven years. Reelections may occur.

(7) The rules in the Faroese Legal Proceedings Act regarding disqualification of judges apply to the members of the Committee.

42 -(1) The decisions of the Maritime Committee of Appeals cannot be appealed to a higher administrative authority.

(2) The decisions of the Maritime Committee of Appeals will not be suspended if brought to the courts.

43 -(1) The Maritime Committee of Appeals decides its own agenda which must be approved by the Minister.

(2) The members of the Maritime Committee of Appeals receive attendance fee and travelling funds in accordance with the general rules of the Faroese government.

Chapter 9 The Advisory Body

44 -(1) The Minister appoints the 10 members of the Advisory Body that has the task to:

(i)  advise the Minister and the Faroese Maritime Authority in all matters regarding safety at sea, working environment on board ships and prevention of pollution of the sea,
(ii)  advise the Minister on bills in accordance with Faroese legislation on safety at sea, and
(iii)  put forward recommendations and proposals regarding legislation on safety at sea and regarding the administration of the legislation.

45 -(1) The Minister appoints the Chairman of the Advisory Body and his substitute. Remaining members are appointed according to recommendations from:

The Faroese Masters and Mates' Union, recommends one member

The Faroese Union of Engineers, recommends one member

The Faroese Seamen's Union, recommends one member

The Association of Faroese Coastal Fishermen, recommends one member

The Merchant Ship Owners Association, recommends one member

The Faroese Ship owners' Association, recommends one member

Strandfaraskip Landsins (Faroese inter-island transport line), recommends one member

Faroese Shipyards, recommend one member

Classification Societies that have offices in the Faroe Islands, recommend one member

46 -(1) The Advisory Body decides its own agenda, which must be approved by the Minister.

(2) The Faroese Government bears all costs of the Advisory Body's activities.

(3) The Minister determines the fee to the Chairman. Remaining members receive attendance fee and travelling funds in accordance with the general rules of the Faroese Government.

Chapter 10 Fees

47 -(1) Ship inspections carried out by the Faroese Maritime Authority are free of charge, cf. (2) and (4) of this section and section 48.

(2) (1) of this section does not apply to:

(i)  Inspections, approvals, etc. carried out by the Faroese Maritime Authority, when these inspections have been delegated as stipulated in section 22.
(ii)  Inspections carried out by the Faroese Maritime Authority because of exceptions from the rules provided in section 23 about membership in classification society.
(iii)  Inspections that upon request are carried out outside normal working hours.
(iv)  Initial inspection of ships carried out abroad and other inspections that upon request are carried out abroad, or
(v)  Inspections for which an appointment has been made, but can not be commenced, carried through or are temporarily suspended due to circumstances that the shipyard, the owner or his agent is responsible for.

(3) Classification societies, companies and individuals mentioned in sections 22 and 23 may charge for their work.

(4) If deficiencies that may cause detention are discovered during an inspection, the Faroese Maritime Authority may charge for the inspection. The ship will not be released until payment has been received or security has been provided.

48 -(1) The Minister may issue rules regarding the time limit for statutory inspections and regarding the fees for the inspections mentioned in section 47 (2) and (4). The Minister may issue rules regarding fees for non-statutory inspections, the inspections of foreign ships and ships under construction and regarding fees for approval of maritime equipment or ships that are not required to be inspected.

Chapter 11 Violation and Penalty

49 -(1) Violation of section 19 (3) or sections 24-28 and non-compliance with the orders and bans set in accordance with the Act or rules issued in accordance with the Act will be punished by fine, simple detention or imprisonment up to two years. The same penalty rules apply to severe or repeated violation of section 30.

(2) Rules issued in accordance with the Act may stipulate penalties such as fine, simple detention or imprisonment up to two years.

(3) If the offence is committed by a legal person, including limited companies, co-operative societies, partnerships, associations, funds, estates, municipalities or other Faroese authorities or realm authorities, such legal person can be punishable by fine.

50 -(1) Severe carelessness or severe neglect of professional duties that causes a ship to run aground, be ship wrecked or cause other accidents at sea will be punished according to section 49. Offenders who repeatedly cause such accidents because of mistakes or carelessness will be punishable according to section 49.

51 -(1) A Master who grossly or repeatedly neglects the ship or navigates in disregard of good seamanship or fails to seek information about the bans and regulations that apply to the areas the ship sails and berths in, will be punishable according to section 49.

52 -(1) If those who navigate ships or who's duties on board are vital to the safety have consumed alcohol or other euphoric substances to such amounts that safe performance of duty is not possible, such persons will be punishable according to section 49.

53 -(1) Under grave and serious circumstances the Master, the mate or the chief engineer or all may have their licenses suspended for a given period up to five years. Request for end of suspension may not be made before five years after final sentence has been pronounced.

(2)  If the license of a Master, mate or engineer is suspended, the verdict will stipulate whether the Master shall be entitled to perform the duty of a mate and if the mate and the chief engineer are entitled to serve at a lower rank.
(3)  If section 52 has been violated and the police estimates that the conditions for a suspension of the license of the Master, the mate or the chief engineer are fulfilled, the police may make a temporary suspension. The judge may withdraw the temporary suspension given by the police before a final sentence has been pronounced. If acquitted in the court of first instance and the prosecution appeals the sentence to a higher court, the prosecution may, if the circumstances are in favor of continuation of suspension of license while the case is tried, bring the case exclusively to the court of second instance, which will pronounce its conclusion in the final sentence.

54 -(1) A Master will be punishable according to section 49 if he is involved with collision, or his ship causes damage to another ship or persons or cargo on that ship, and he omits to give the ship and its crew and passengers all the necessary assistance, without jeopardizing the safety of his own ship, crew or passengers, and omits to notify of the call sign, name and homeport of his ship and where it came from and which course it is following.

55 -(1) Anyone who deliberately fails to report for duty on time and at the same time is aware of or should be aware of that this omission would jeopardize the safety of the ship or human life will be punishable according to section 49.

Chapter 12 Effect

56 -(1) This Act takes effect the day after it has been announced, but has been in force since 1 January 2002.

57 -(1) At the same time the following acts are made void:

(i)  Act No 118 of 28 March 1951 "om forholdsregler til skibsfartens betryggelse, som senest ændret ved kongelig anordning nr. 583 af 30. juni 1994".
(ii)  Act No 98 of 12 March 1980 "om skibes sikkerhed m.v., som ændret ved kongelig anordning nr. 583 af 30. juni 1994".
(iii)  Sections 223, 371, 372 and 373 in "sølov nr. 56 af 1. april 1892 med senere ændringer, jf. lovbekendtgørelse nr. 141 af 1. april 1985, som ændret ved § 2 i anordning nr. 305 af 7. maj 1997 om ikrafttræden på Færøerne af dele af søloven".
(2)  In "anordning nr. 646 af 12. august 1999 om ikrafttræden for Færøerne af lov om beskyttelse af havmiljøet" the following amendments have been made:
(i)  Sections 10, 15, 16, 20a, 37 and 46 are made void.
(ii)  In section 59(1)(i), "section 10(1) and (3)", "section 16(1) and (3)", "section 20(1) and (3)" and "section 37(1)" are made void.
(iii)  Section 59(1)(ii) is made void. (iii) - (xii) become (ii) - (vi).
(iv)  In section 61 "section 10(2)", "section 16(2)", "section 20a(2)" and "section 46" are made void.
(3)  In Parliamentary Act No 4 of 15 January 1988 on Seamen the following sections are made void: section 52, 66 and 69(2)(iii). In section 69(1)(i) the following wording is made void: "or officer in breach of section 66(1) and (2)".
(4)  Rules that have been put into force in accordance with the Acts and regulations mentioned in (1)-(3) of this section shall remain in force until they are made void or replaced by other rules issued in accordance with this Act.

Tórshavn 21 December 2001

Annfinn Kallsberg

Prime Minister of the Faroe Islands

1)  Amended in Parliamentary Act No. 30 of 19 May 2008, Section 2 amended as follows:

"Subsection1. This Parliamentary Act takes effect the day after it has been announced. Subsection 2.The Parliamentary Act applies to cases which have not been tried by Føroya rætt before the Act has taken effect."