Regulations on the Conditions for Authorizing Classification Bodies in the Kingdom of Saudi Arabia

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  • Minister of Transport and Logistics Services Decision No. (71/45/1) dated 01/06/1445 AH

  • The Minister of Transport and Logistics Services, Chairman of the Board of Directors of the Transport General Authority

  • Based on the powers vested in him by law

  • After reviewingThe Commercial Maritime LawIssued by Royal Decree No. (M/33) dated 5/4/1440 AH.

  • After reviewingThe Regulation of the Transport General AuthorityIssued by Council of Ministers Decision No. (323) dated 14/9/1434 AH, and its amendments.

  • After reviewing the Board of Directors Decision of the Transport General Authority No. (3/9/2023/3) dated 5/3/1445 AH.

  • It is decided as follows:

    • First: Approval of the Regulation of Conditions for Authorizing Classification Societies in the Kingdom of Saudi Arabia according to the attached form of the decision.

    • Second: Delegating the Chairman of the Transport General Authority to approve the appropriate mechanisms to implement the provisions of this regulation and to issue the necessary decisions and circulars.

    • Third: This regulation shall be effective from the date of its publication in the Official Gazette.

    • Fourth: The Chairman of the Transport General Authority shall take the necessary measures to implement the provisions of this decision.

  • And Allah is the Grantor of success.

  • Minister of Transport and Logistics Services

  • Chairman of the Board of Directors of the Transport General Authority

  • Saleh bin Nasser Al-Jasser

Article 1: Definitions

  • Law: The Maritime Commercial Law issued by Royal Decree No. (M/33) dated 5/4/1440 AH.

  • Regulation: Regulation of the Conditions for Delegating Classification Bodies in the Kingdom of Saudi Arabia.

  • Minister: Minister of Transport and Logistics Services, Chairman of the Board of Directors of the Transport General Authority.

  • President: President of the Transport General Authority.

  • Authority: Transport General Authority (Maritime Authority).

  • Organization: International Maritime Organization (IMO).

  • Flag State: The state under whose laws the ship is entitled to fly its flag.

  • Ship: Any floating structure intended for maritime navigation on a regular basis, even if not aimed at profit, and the necessary attachments for its operation are considered part of it.

  • Code of Approved Bodies: The code issued by the Maritime Safety Committee of the International Maritime Organization (IMO) No. MSC.349 (92) (RO Code) and any amendments thereto.

  • Classification Bodies: An international or local body concerned with setting standards for the design and construction of ships, maintaining these standards throughout the ship's life, issuing certificates, and providing services in accordance with international and national requirements on behalf of the flag state, to ensure compliance with high technical standards in design, construction, maintenance, operation, and performance to enhance maritime safety and protect the environment and property at sea.

  • Qualified Classification Bodies: Classification bodies that can be delegated under an agreement concluded with the authority for meeting the conditions for delegating classification bodies.

  • Issuance of Certificates and Provision of Services: The certificates issued and the services provided under the mandatory international instruments to which the Kingdom is a party, issued by the International Maritime Organization and the regulations, rules, and laws established by the Kingdom.

  • Inspection: The examination of the ship and/or its structure and/or any part of its components, or its engines or equipment or devices to verify its suitability for navigation and the availability of all conditions and requirements in accordance with the legislation and international maritime agreements ratified by the Kingdom, which have entered into force internationally, and the preparation of a report describing its technical condition after the inspection.

  • International Association of Classification Societies (IACS): A non-profit membership organization of classification societies that sets standards and technical requirements addressing maritime safety and environmental protection and ensures their consistent application, taking on this responsibility through its committees, expert groups, and project teams, and providing a Quality System Certification (QSCS) that its members adhere to, as a guarantee of professional integrity and maintenance of high professional standards.

Article 2: Purpose of the Regulation

  • The purpose of this regulation is to establish the conditions and procedures for the delegation of ship classification bodies wishing to operate in the Kingdom of Saudi Arabia.

 

Article 3: Scope of Application

  • Without prejudice to the regulations and agreements in force in the Kingdom, the Regulation applies to classification bodies wishing to operate in the Kingdom of Saudi Arabia.

 

Article 4: Conditions for Delegating Classification Bodies

  • The conditions stipulated below must be met as a minimum by classification bodies to authorize them to issue certificates and provide services for vessels registered in the Kingdom of Saudi Arabia on behalf of the authority:

    • - The classification body must be a member of the International Association of Classification Societies (IACS).

    • 2- The classification body must have comprehensive knowledge of all matters related to inspection, examination, evaluation of shipbuilding designs, conducting relevant research, and classification.

    • 3- The classification body must have comprehensive rules and regulations covering the activities of inspection, examination, design, and construction of the types of vessels it classifies.

    • 4- The classification body must possess the competencies, capabilities, and technical skills to perform the required tasks and classify vessels, as well as ensure the development of capabilities and the updating of rules and instructions.

    • 5- The classification body must have a regional office or branch in the Kingdom at the time of application, and if neither exists, the acceptance procedures will continue, but the classification body will not be allowed to conduct business on behalf of the authority until a regional office or branch is established in the Kingdom.

    • 6- The classification body must hold a valid commercial registration in the Kingdom to practice the activity of vessel inspection.

    • 7- The classification bodies must have an effective quality management system in accordance with the requirements set forth in the Code of Approved Bodies (RO Code) based on aspects related to internationally recognized quality standards and an approved procedure for coordination with the authority in the event of any vessel flying the Saudi flag being detained by port state control in foreign ports.

    • 8- The rate of detention of vessels under the supervision of the classification body must not exceed (3.5) percent in port state control (PSC) during the three years preceding the date of application, according to the reports of the memoranda of understanding for the inspection and control of vessels.

    • 9- The classification body must comply with the minimum recommended standards in the resolution of the Maritime Safety Committee of the International Maritime Organization No. MSC.349 (92) concerning the Code of Approved Bodies and its amendments.

    • 10- The classification body must have a plan to localize work in the fields of inspection and examination in its offices or branches in the Kingdom and in accordance with the regulations in force in the Kingdom.

Article 5: Technical and Organizational Capabilities

  • The authority must ensure that the Classification Authority has sufficient materials and resources in terms of the capabilities and technical and organizational expertise of its personnel, as well as the ability to conduct research in order to carry out the tasks assigned to it, in accordance with the minimum standards applicable to the accredited classification authorities operating on its behalf, as stipulated in the methodology for the appropriation, supervision, and revision of the accredited classification authorities by the authority.

 

Article 6: Supervision and Oversight

  • The Authority supervises and oversees the work of the international classification bodies authorized to conduct inspection and examination of ships, issue certificates, and provide services on their behalf periodically or as needed through the following:

    • 1- Verifying their compliance with the requirements of the Code and national requirements through auditing by the specialists in the Authority.

    • 2- Matching the issued certificates with what is stipulated in the provisions of the international maritime instruments issued by the Organization and the extent to which the data and information contained in the certificate correspond with the ship.

    • 3- Monitoring the issuance of mandatory certificates issued by classification bodies in accordance with what is issued by the Organization.

    • 4- Monitoring the technical condition of the ship through reports from classification bodies.

    • 5- Conducting additional audits when a ship flying the Saudi flag is detained by a port state or has been involved in a serious incident or has experienced engine failure or for any emergency reason.

    • 6- Monitoring the detention of Saudi ships in foreign ports and the measures taken to address technical defects to lift the detention in the shortest possible time.

    • 7- Conducting emergency audits on any of the accredited classification bodies to verify the continued compliance with the conditions and requirements of the delegation and the availability of conditions and technical expertise in the employees accredited by the Authority.

Article 7: Procedures for Submitting the Claim

  • The Classification Authority submits a delegation request through the official channels of the Authority, accompanied by proof of meeting the conditions stated in this regulation.

 

Article 8: Procedures for Delegating Classification Authorities

  • After the official Claim is submitted by the Classification Authority to carry out the issuance of certificates and provide services on behalf of the Authority, the Authority studies the official Claim and then delegates the Classification Authority after verifying the following:

    • 1- Compliance of the Classification Authority with all the conditions and requirements necessary for the delegation mentioned in Article Four.

    • 2- Compliance of the Classification Authority with the requirements mentioned in the Code of Accredited Authorities and the national requirements, through a field Revision of the Classification Authority's branch in the Kingdom by the Authority's specialists, and in the absence of a branch of the Classification Authority in the Kingdom, the Revision will be conducted at its regional headquarters in the area.

Article 9: Agreement for Delegation of Classification Bodies

  • 1- After the classification bodies fulfill the conditions of their delegation, the authority has the right to conclude a delegation agreement with the classification body to carry out the tasks of issuing certificates and providing services for vessels flying the Saudi flag.

  • 2- The authority may renew the delegation agreement with the classification body if it continues to meet the conditions of its delegation.

  • The president is authorized to sign the delegation agreement with the qualified classification bodies, provided that the contracts comply with the requirements stated in Article (4) of this regulation. In the event of a breach of any requirement, the authority shall notify the delegated classification body to comply within a period not exceeding (30) days, and if compliance is not achieved, the contract shall be considered null and void.

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