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VOLUNTARY IMO MEMBER STATE AUDIT SCHEME

AUDIT OF THE REPUBLIC OF BULGARIA

10-17 NOVEMBER 2008

FINAL REPORT 1. Executive Summary

1.1 The Memorandum of Co-operation between the Republic of Bulgaria and the International Maritime Organization (IMO) concerning participation in the Voluntary IMO Member State Audit Scheme (VIMSAS) was finalized on 22 October 2008. 1.2 The Pre-Audit Questionnaire was submitted 18 March 2008. 1.3 The audit team was appointed by the IMO 15 September2008. 1.4 The VIMSAS audit program and timetable was confirmed on 16 October 2008. 1.5 The auditors concluded that, from the information available to them, the maritime administration of the Republic of Bulgaria substantially meets its obligations arising from the mandatory IMO instruments set out in the scope of the audit, and to which it is also a signatory. The audit identified that there were few areas where improvements could be made and there were areas of substantially best practices. 2 Introduction 2.1 The objective of the Code for the implementation of mandatory IMO instruments, 2007, (resolution A.996 (25)), hereinafter referred to as “the Code”, is to enhance global maritime safety and the protection of the marine environment. 2.2 In accordance with the Code, Part 1.2, some Administrations may have a greater role as a flag State than a port State or a coastal State, whilst others may have a greater role as a coastal State or port State than as a flag State. Such imbalances do not, in any way, diminish their duties as a flag, port or coastal State. 2.3 Considering the above, the VIMSAS audit of the Republic of Bulgaria covered the maritime administration’s role as a flag, port and coastal State. Therefore the audit team audited primarily the Bulgarian Maritime Administration as the lead government agency charged with the responsibility for implementation of most of the obligations set forth in the mandatory IMO instruments.

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3 Background 3.1 Following the adoption of the Framework and Procedures for the Voluntary IMO Member State Audit Scheme (resolution A.974 (24)) by the 24th regular session of the Assembly, a number of Member States volunteered for audit under the Scheme. The current audit of the Republic of Bulgaria was undertaken by fully using the principles established under resolution A.974 (24) and the Code. This report sets out the findings of the audit in the format adopted under paragraph 7.2 of the Procedures for the Scheme. 4 Members of the Audit Team

Leslie Hemachandra (Audit Team Leader), Maritime Administration of Sri Lanka Kyriacos Aliouris (Auditor), Maritime Administration of Cyprus Tadeusz Jan Wojtasik (Auditor), Maritime Administration of Poland Igor Sibrin (Observer), Ukrainian Registry of Shipping, Ukraine

5 Involved Officials from the Member State

Guides and audit liaisons throughout the audit: Mr. Peter Kirov Deputy Executive Director Capt. Petar Petrov Director, Directorate “Quality Management and Inspections” Mrs Iliana Hristova Senior Expert, Directorate “European Union, International Relations

and Projects” (CPC) 6 Acknowledgement 6.1 The auditors wish to express their considerable thanks to the various members of staff interviewed and the Ministry of Transport, Ministry of Environment, Bulgarian Maritime Administration, Port Infrastructure Company, National Institute for Meteorology and Hydrology, Bulgarian Navy, Marine Antipollution Enterprise PLC and other government institutes for their fullest cooperation during this audit. In particular, thanks are due to the involved officials for their efforts during the preparation for this audit and for its facilitation.

7 Scope, objectives and activities of the Audit 7.1 The scope of the audit addressed flag, port and coastal State obligations of the maritime administration of the Republic of Bulgaria. 7.2 The objectives of the audit were:

.1 to determine the extent to which Bulgaria meets the obligations imposed upon it through its adoption of the following applicable mandatory IMO instruments:

.1 the International Convention for the Safety of Life at Sea, 1974, as amended

(SOLAS 1974);

.2 the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS PROT 1978);

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.3 the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS PROT 1988);

.4 the International Convention for the Prevention of Pollution from Ships,

1973, as modified by the Protocol of 1978 relating thereto, as amended (MARPOL 73/78);

.5 the Protocol of 1997 to amend the International Convention for the

Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended (MARPOL PROT 1997);

.6 the International Convention on Standards of Training, Certification and

Watchkeeping for Seafarers, 1978, as amended (STCW 1978);

.7 the International Convention on Load Lines, 1966 (LL 66);

.8 the Protocol of 1988 relating to the International Convention on Load Lines, 1966 (LL PROT 1988);

.9 the International Convention on Tonnage Measurement of Ships, 1969

(TONNAGE 1969); and

.10 the Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended (COLREG 1972), and

.2 the effectiveness of the implementation of these objectives.

7.3 An Audit was carried out on all mandatory IMO instruments. 7.4 Implicit in this was the degree of compliance with the Code, which mirrors many of the references set out in the applicable mandatory IMO instruments.

7.5 The audit was conducted using the audit programme set out in annex 1. The methodology used was through a series of visits, interviews, examination of written records and databases, and the objective evidence which would determine the extent to which the maritime administration achieved the objectives of the Code.

7.6 The programme followed a process which sought, initially, to determine the strategy for the implementation of the instruments, the review processes in place and the arrangements for continual improvement. Following this was an examination of the national legislations in place, which provide the instruments with force of law, the processes by which the State develops and makes known its interpretations, policies and instructions regarding these instruments, as well as the practical implementation of these arrangements, were also reviewed. 7.7 An opening meeting was conducted on Monday, 10 November 2008, in accordance with the Procedures and the agenda. A list of attendees is attached with the program and timetable set out in annex 1. It was stated that at the closing meeting, which was scheduled for 17 November 2008, a draft interim report would be tabled to assist in focussing discussion and the next steps to be taken.

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7.8 A closing meeting was conducted on Monday, 17th November 2008 when the audit team presented areas of strength (best practices), areas for improvement, and audit findings. Audit results included six (6) nonconformities and seven (7) observations that were acknowledged by the Republic of Bulgaria for review. 8 Overview and general maritime activities of the State 8.1 General 8.1.1 The Ministry of Transport (MOT) is the government department with primary oversight of the maritime administration. Bulgarian Maritime Administration (BMA), an entity established under the Ministry of Transport, is the statutory body responsible for operational delivery of maritime safety, security and marine environment protection, and other related services. The Minister of Transport shall implement the policy of the State in the area of merchant shipping, and represent the Republic of Bulgaria in relevant international organizations, by:

.1 exercising the functions of administration, with regard to international agreements to which the Republic of Bulgaria is a party, and proposing the accession of this country to international organizations and treaties;

.2 determining the norms for preparation and the procedure for certification of seafarers and exercising control over compliance with them;

.3 determining the safety norms for merchant shipping, controlling compliance with the safety rules and organizing activities, related to shipping;

.4 exercising control over the prevention and combating of pollution of the territorial sea, internal sea waters and inland waterways by vessels;

.5 establishing a procedure and means of organization for search and rescue at sea and in inland waterways and for detection of sources of environment pollution; and

.6 establishing, with the Minister of Defence, a system for collection and provision of information, management and control of vessel traffic.

8.1.2 The Minister of Transport exercises his functions through the Executive Agency “Maritime Administration” (EAMA) which is commonly identified as the Bulgarian Maritime Administration (BMA). BMA’s structure, functions and work organization of the agency is indicated in the organigram attached as Annex 2 to this report.

8.1.3 In accordance with the Statutory Regulations on the Ministry of Transport, the Minister exercises his authority in accordance with the Bulgarian Constitution and the laws of the country by preparing drafts of international treaties and agreements in the transport sector and providing for the enforcement and implementation of the international agreements and conventions, which Republic of Bulgaria is a party to.

8.1.4 The Statutory Regulations on the Executive Agency “Maritime Administration” further stipulates that the Minister of Transport exercises control on the following functions through BMA:

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.1 organize and perform functions related to the safety of navigation in sea spaces and inland waterways of the Republic of Bulgaria;

.2 ensure the actual connection between the government and ships flying the Bulgarian flag;

,.3 exercise the control on the compliance with the requirements for safety of navigation by Bulgarian and foreign flagged ships;

.4 prepare and issue certificates of competency to seafarers;

.5 perform functions related to the living and working conditions onboard ships;

.6 exercise control on traffic in canals, ports of the Republic of Bulgaria and other duly defined regions;

.7 organize and control search and rescue activities of persons in distress, vessels and aircrafts; and

.8 exercise control on protection of the marine environment and the Danube River from pollution of ships.

8.1.5 The BMA is managed and represented by an Executive Director, appointed by the Minister of Transport, in coordination with the Prime-Minister. The Executive Director with the executive power is responsible for the organization and activity of the Agency. Authority of the Executive Director is as follows:

.1 organize the implementation of ordinances, rules of procedure, policies, and orders on issues related to shipping;

.2 exercise control on Bulgarian ships in the events envisaged by law;

.3 exercise control on ships calling Bulgarian ports;

.4 exercise control on the safety of navigation in the sea spaces and inland waterways of the Republic of Bulgaria;

.5 exercise control on the sea spaces and inland waterways of the Republic of Bulgaria with respect to issues related to the protection of the marine and river environment from pollution as well as to the prevention, decrease and limitation of the pollution from ships;

.6 organize and manage the combat against oil spills in the Black Sea and the Danube River regions of responsibility of the Republic of Bulgaria;

.7 organize and manage search and rescue activities at sea;

.8 ensure participation in the work of international organizations by:

.1 organizing the implementation of obligations arising out of Bulgaria’s membership in international specialized organizations as well as the implementation of obligations under international agreements in maritime field, to which the Republic of Bulgaria is party; and

.2 draft proposals to the Minister of Transport on the conclusion, accession to, ratification, denunciation or amendment of international agreements and on participation in international organizations;

.9 conclude contracts related to the Agency’s activity;

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.10 make proposals to the Minister of Transport on the harmonization of the national legislation in the field of maritime transport with the respective EU legislation, and the acts of the relevant international organizations;

.11 issue mandatory rules in accordance with the provisions of the Merchant Shipping Code;

.12 ensure participation in the work of the specialized bodies of the European Union in the field of safety of navigation and protection of maritime environment from pollution from ships; and

.13 assist the Minister of Transport in carrying out his/her functions, stipulated in Article 7, Par. 1 of the Merchant Shipping Code.

8.1.6 The BMA is divided in to eight divisions, which work under the Executive Director as described in the succeeding paragraphs.

8.1.7 The Directorate of Administrative, Legal and Accounting activities is responsible for the following:

.1 to organize and supervise the financial activities, accounting and internal financial

controls;

.2 to prepare a draft budget of the Agency;

.3 to prepare accounts and the proper expenditure of funds under the approved budget;

.4 to assist the Executive Director in the management of financial resources of the agency, such as:

.4.1 to carry out preliminary control of the legality of all documents and actions related to financial activities; and

.4.2 to carry out inspections before deciding on commitments or paying expenditure;

.5 to organize the work in conjunction with the implementation of the powers of the executive director according to the Public Procurement Act;

.6 to organize and participate in the annual inventorization;

.7 to prepare, form and store the labour and service records of employees of the agency and maintain them in accordance with the Labour Code and the Civil Service Act;

.8 to implement the regulations regarding the payment of the employees and prepare the position and name official establishment plan of the agency;

.9 to organize the preparation and the implementation of the competition for civil servants;

.10 to organize and control the administrative service;

.11 to provide legal assistance to the management of the agency to carry out its legitimate functions;

.12 to develop and propose solutions to legal problems related to the activities of the Agency;

.13 to carry out procedural representation of the agency;

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.14 to draft contracts in relation with the activities of the Agency and carry control over the fulfilment / execution of the signed contracts;

.15 to participate in the development of draft legislation;

.16 to organize and supervise the secretarial activities, including documents, archives and storage of the office documents;

.17 to organize and supervise the proper use, management and property management of the agency;

.18. to organize the operational activities and maintain automated information infrastructure of the agency - local networks, communications’ equipment, computers and software;

.19 to prepare, maintain and periodically update the Agency's website;

.20 to coordinate the public relations;

.21 to organize and carry out the material and technical supply of the agency with equipment, spare parts and consumables, and plan, exercise financial controls and ensure the financial provision of the specialized directorates of administration;

.22 to organize and monitor the compliance with the safety standards and the healthy working conditions and risk prevention in the agency;

.23 to organize and supervise the implementation of the Agency's activities related to defence-mobilization training and civil defence;

.24 to organize and carry out activities in connection with the submitted proposals and reports obtained under Chapter eight "Suggestions and signals" from the Administrative code, including their registration and processing, their examination within the legal deadlines and the notification of persons of the decisions and the measures taken; and

.25 to carry out other activities arising from the orders of the Executive Director.

8.1.8 The Directorate of Quality Management and Inspections performs the following functions:

.1 coordinates the practical implementation by the agency of obligations under the agreements with the European Union and the membership of Bulgaria in the specialized international organizations;

.2 assists the Executive Director in scrutinizing the work of other specialized agencies of administration;

.3 maintains and develops the quality management system in the agency stemming from the obligations of Bulgaria to international treaties to which Bulgaria is a party;

.4 organizes and coordinates the conducting of independent evaluation of the system according to point 3;

.5 reviews constantly and analyzes the activities of organizations authorized to conduct inspections and checks on behalf of the agency and, if necessary, propose corrective actions;

.6 monitors and analyzes the activities of the Directorates according to Art. 24, para. 1 and art. 27 in the exercise of their functions and, if necessary, propose corrective actions;

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.7 coordinates the activities of the agency when controlling the implementation of measures for the regulation of the fleet capacity;

.8 coordinates and carries out the functions of the agency related to organizational and technical provision of the activity of Fund “Inland waterways”;

.9 maintains and develops the system for information security of the agency;

.10 checks for compliance with the international and national requirements of programs for training of seafarers and proposes them for approval by the Executive Director;

.11 prepares the certificates of competency and seafaring books of the seafarers;

.12 maintains to-date public records of the ports according to art. 92, para. 4 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria and port operators in art. 117, para. 4 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria on electronic copy and provides information from them;

.13 gives methodological guidance of the regional directorates in the monitoring of compliance with the requirements and technical safety of port facilities to ensure safe and healthy working conditions and safe running of loading operations from qualified for the type of work staff;

.14 gives methodological guidelines on the control of compliance with the requirements for operational use of the ports and sites according to art. 111a para. 1 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria and prepares draft reports from the Executive Director, with which it is proposed to the Minister of Transport:

.14.1 to grant or refuse a certificate for operational use for the port or object of art. 111a para. 1 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria; and

.14.2 to grant an ongoing suspension, temporary or permanent limitation on the operation of the relevant port or site according to art. 111a para. 1 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria;

.15 supports the Minister of Transport in its preparatory activities and conducts the procedures for granting concessions to ports for public transport of national importance;

.16 gives methodological guidance to regional directorates on the control of the implementation of contracts under Art. 117b para. 1 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria and contracts under § 74, para. 3 of the Law amending of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria (SG. 24, 2004);

.17 analyzes the applications of art. 112b para. 1 and art. 112g, para. 1 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria and prepares reasoned opinions in conformity with the investment initiative approved a national program of art. 103a para. 2 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria;

.18 carries out inspection under art. 112g, para. 3 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria on compliance of the investment initiative program in art. 103a para. 2 and draws reasoned opinions

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according to art. 112g, para. 4 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria;

.19 codifies the data contained in pre-investment in art. 112a - 112d of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria and on the basis of them establishing a database prepared general plans, cadastral maps and property records and cadastral and detailed structural plans;

.20 gives methodological guidance to the regional directorates on the control of compliance with the activities and services performed at ports of entry in the register of such ports in the port operators and service certificates of exploitation fitness;

.21 monitors the compliance with the requirements of free access to ports for public transport;

.22 organizes the collection, processing, aggregation, storage and provision of the National Institute of necessary statistics in accordance with art. 94 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria;

.23 gives opinions on draft detailed structural plans, with which are defined territorial and aquatic sites for the construction of ports of art. 107 - 109 and objects of art. 111a para. 1 of the Law on the maritime spaces, inland waterways and ports of the republic of Bulgaria;

.24 gives opinions on draft detailed structural plans, for the allotment of land and water areas for construction and documentation for the operation of construction along the coast of the Black Sea and the Danube, in internal waters and territorial sea and in the areas of operation of means of navigational security;

.25 considers and prepares reasoned opinions to the Executive Director to:

.25.1 approval of plans for reception and processing of waste;

.25.2 coordination of plans for port operators during disasters, accidents and catastrophes; and

.25.3 approval of the prepared by ROs port security plans;

.26 assists the Executive Director in determining the level of security of vessels flying the Bulgarian flag, and of the port;

.27 draws up plans for port security or overlooks the security plans made by the ROs; and

.28 evaluates the conformity of the activities of recognized security organizations with the provision of security in ports and ships.

8.1.9 The Directorate of European Union, International Relations and Projects performs the

following functions:

.1 organizes and coordinates the agency's participation in the activities of international organizations and specialized agencies of the European Union on safety of navigation and protection of the environment from pollution by ships and within the ports’ area, such as:

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.1.1 conducting the agency's liaison with international organizations and structures of the European Union;

.1.2 coordinating the preparation of positions for the agency's participation in the work of specialized international organizations and preparing to send them for approval by the Ministry of Foreign Affairs;

.1.3 providing methodological assistance in the implementation of the national legislation and international treaties to which Bulgaria is a party, other specialized agencies in the administration and in the performance of its activities;

.1.4 developing projects of international treaties and making proposals to the Minister of Transport for signing, accession, ratification, denunciation and modification of international treaties in the field of safety of navigation and protection of the environment from pollution by ships and in ports; and in the membership and participation in relevant international organizations and initiatives;

.1.5 organizing and conducting activities related to the in preparation of draft legislation for the implemented in the national legislation of European Community law and international treaties in the field of safety of navigation and protection of the environment from pollution by ships and in port; and

.1.6 coordinating and carrying out of activities related to the development and implementation of international projects to assist the Agency;

.2 drafts programs for the development of international cooperation, conducts international correspondence and assists the Executive Director in organizing and holding international meetings;

.3 coordinates and carries out bilateral cooperation and relations of the agency; and

.4 coordinates the implementation of projects to which the beneficiary is the agency.

8.1.10 The Directorate “Search and Rescue”’ activities include:

.1 assisting the Executive Director in carrying out the obligations of the Republic of

Bulgaria to the International Convention for search and rescue at sea in 1979, ratified by law by the National Assembly - SG. 47, 1999 (promulgated SG. 75, 1999, as amended SG. 61, 2005);

.2 keeping 24-hour duty for reception of distress signals and coordinating and

conducting search operations in order to save lives at sea and providing assistance to ships and aircraft in distress; and

.3 performing the functions of maritime rescue coordination centre of Bulgaria,

situated in Varna. 8.1.11 Of the eight directorates, four are regional and carry out operational functions for the Bulgarian Maritime Authority. The four directorates are:

11.1 Directorate of Maritime Administration – Varna; 11.2 Directorate of Maritime Administration –Burgas; 11.3 Directorate of Maritime Administration-Rousse; and

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11.4 Directorate of Maritime Administration- Lom. 8.1.12 The four regional directorates are managed by Directors (Harbour-Masters), within the limits of their territorial competence. The four directorates, under Art. 24, paragraph 1, shall:

.12.1 keep a register of the Bulgarian ships as well as other registers, as envisaged by the law;

.12.2 perform ship surveys;

.12.3 exercise control on all persons implementing activity in the field of shipping;

.12.4 control the environmental pollution from ships;

.12.5 control and supervise the navigational conditions ensuring shipping safety;

.12.6 organize the exams and other activities related to the certification and registration of competent seafarers;

.12.7 carry out activities in preparation for issuing and verification of certificates and other documents and records of seafarers;

.12.8 prepare seafarer passports and seafarer books for issuing with the Executive Director’s permission;

.12.9 issuing statutory documents to Bulgarian ships on the basis of international agreements and to foreign flag ships on the request of foreign administrations;

.12.10 exercising control on the persons responsible for ships in accordance with the International Code for the Safe Management of the Operation of Ships and Pollution Prevention (the ISM Code);

.12.11 finalizing the documents of ships calling at or leaving Bulgarian ports; .12.12 organizing and managing control on shipping in harbours as envisaged by the law; .12.13 undertaking measures to give aid to people, vessels and aircraft in distress; .12.14 managing the maritime emergency rescue squads within the regions under their

jurisdiction; .12.15 implementing activities in the event of sunken property after the order of the acting

legislation; .12.16 participating in examination committees for the awarding of competencies to

seafarers; .12.17 not allowing ships to leave port in the events stipulated by the law when shipping

safety requirements have been infringed; .12.18 detaining Bulgarian or foreign ships in the events stipulated by the acting

legislation; .12.19 exercising control over services provided in traffic management and information

services of shipping in the sea areas, inland waterways, canals, ports of Bulgaria and other appropriately fixed areas; and

12.20 supervise the implementation of measures regulating the fleet capacity and organize the conduct of examinations of professional competence of the carriers of goods by inland waterways.

Strategy of the Member State

8.1.13 One of the objectives of the Code for the implementation of mandatory IMO instruments requires a Member State to develop a strategy in the areas of maritime safety and pollution prevention, which includes the continuous review and verification of the effectiveness of the State in meeting its international obligations. The Ministry of Transport has a 10 year Master Plan, which has been in place since 2005. The priorities under the present plan are to develop rail & road transport, an intermodal transport system, upgrading river transport system, port

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development, development of short sea shipping, etc. However, maritime safety and pollution prevention is not on the immediate priority list. 8.1.14 The main goal of the transport sector of the Republic of Bulgaria is to facilitate the economic and social development of the country by providing efficient and reliable transportation. Its mission is to aid the balanced regional development, and given the convenient location of Bulgaria at a major transportation crossroad and the country's transit potential, to speed up the country's integration into the European structural framework. In order for this accelerated convergence with the European Union's member countries to be achieved, it is required that the full potential of various fundamental factors be recognized and consequently used. These factors include human capital, innovation, competitiveness, modernization, and the drive for constant improvement in the quality of the services offered. 8.1.15 In connection with the preparation of the Republic of Bulgaria for membership in the European Union and the integration of its transport infrastructure into the European one, great effort has been shown in introducing and implementing the European standards for a modern, environmentally-friendly and secure transport. Intensive action has been undertaken to harmonize the Bulgarian legislation with the European one and opportunities have been created for the exchange of property rights in the transport sector; allowing the entrance of private companies in the transportation services market, which will undoubtedly improve the quality of service due to the emergence of competition in the market. 8.1.16 A major issue during this process was the steady development of the transport infrastructure. Insufficient investment in maintenance and development of the infrastructure in the last decades, as well as the increased demand for transportation services, call for a new and improved, long-term planning of its future development. Modernization is necessary for the successful integration in the European transport system. A considerable amount of time is necessary for the creation of such a modern transport infrastructure, as well as planning in the long run, assuring the existence of reliable and steady influx of finances, and determination and commitment by all institutions and organizations participating in this process. For the crucial full absorption of the considerable European funds, the government has to prepare vital infrastructural projects and also needs to co-finance their realization. 8.1.17 It is essential that better conditions be created for strengthening the role of the private sector in the development of the infrastructure, and including opportunities for various forms of public-private partnerships. The trend is for improving and developing the majority of the ports, airports and highways, by giving them on concession. 8.1.18 One of the most essential aspects in the national and European Union transport policies is to complete the trans-European transport network. Taking into consideration that the Republic of Bulgaria will be one of the peripheral countries and also the external border of the European Union in 2007, this programme concentrates on eliminating the bottlenecks on the Danube River, completing the priority roads and railways for absorbing the traffic flows, improving the quality of the main road and railway arteries, promoting the combined transport and transport by sea and inland waterway, and developing high-quality multimodal passenger transport in the capital City. 8.1.19 With an interoperable trans-European transport network gradually being completed and traffic growth expected to rise, this programme is looking forward to the better integration of the national network with those of the neighbouring countries and the EU.

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8.1.20 In order to achieve its objectives, as stated, the Ministry of Transport is in the process of preparing a draft document titled “Integrated Maritime EU Policy” which will thereafter be the “Blue Book” of Bulgarian maritime policy in the future. The first draft of the document is expected to be ready by March, 2009. 8.1.21 However, at the time of the audit, it was observed that the MoT does not have such a strategy as stipulated in part I, paragraph 3, of the Code for the following:

.1 continuous review and verification of the effectiveness of the State in respect of meeting its international maritime obligation;

.2 adherence to international maritime recommendations; .3 achievement, maintenance and improvement of overall organizational performance

and capability; and .4 implementation and enforcement of relevant mandatory IMO instruments.

8.1.22 Hydrographic services are provided by the Bulgarian Navy, Aids to Navigation are provided by the Bulgarian Navy and the Port Infrastructure Company. Weather information is provided by the Meteorogical department of Bulgaria and transmitted through Varna Radio. 8.1.23 The maritime administration of the Republic of Bulgaria was stated in the Pre-Audit Questionnaire to be the Bulgarian Maritime Administration (BMA). During the process, however, it became apparent that various other agencies are involved. 8.1.24 Throughout the audit, officers of the BMA provided briefs to depict relationships with other entities and BMA who share certain mandatory IMO instrument responsibilities. The audit team could not identify appropriate links between BMA on the one hand and the Ministry of Defence, the Ministry of Environment and Waters, the Ministry of Economic Affairs, the Ministry of Interior, and Regional Governors on the other. 8.1.25 Some of the entities mentioned above have joint responsibilities at the interagency level in relation to the mandatory IMO instruments. 8.1.26 There was no objective evidence to establish that BMA, as the implementing agency, does have explicit strategies for achievement, maintenance and improvement of overall organizational performance and capability. 8.1.27 An overarching mechanism involving all the entities could not be determined, which would periodically review the effectiveness of implementing the mandatory IMO instruments, establish overall organizational performance and develop any improvements needed as set out in paragraphs 3.3 and 3.4 of the Code. 8.1.28 Finding Observation

.1 It was established that the State has no strategy for meeting its overall obligations and responsibilities contained in the mandatory IMO instruments to which it is a Party.

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This was evidenced by the lack of documentation setting out the strategy; absence of continuous review and verification of the effectiveness of the State in respect of its international obligations; and the overall organizational performance and capability had not been assessed (Code, part 1, paragraph 3). See Form A-OB-01

Corrective Action

To achieve full compliance, main and enhance the State’s ability to fully meet its obligations under the mandatory IMO instruments, planned corrective action includes:

.1 Drafting and implementing a maritime safety and marine pollution prevention strategy based on the mandatory IMO instruments to which the Republic of Bulgaria is Party. The Executive Agency (BMA) will draft and submit for approval to the Interdepartmental Coordination Council (ICC), to be established, a strategy for achieving of a high level of safety of its ships, as well as criteria for assessment of fulfillment of the obligations under the mandatory IMO instruments. BMA will also draft and submit to the Council of Ministers a report on the measures necessary for the provision of BMA with adequate administrative capacity, the attraction of highly qualified and experienced professionals, and improvement of their remuneration. The deadline for the implementation of this action is 1 May 2010.

.2 A mechanism will be developed through which the Ministry of Transport

will monitor and evaluate BMA activity related to the fulfillment of the obligations under the mandatory IMO instruments. BMA will submit an annual report to the Minister of Transport on its assessment of maritime safety and protection of the marine environment activities based on approved criteria for their achievement. The report will be drafted in accordance with the form to be approved by the Minister of Transport, and accompanied by proposal for corrective measures. The report will be submitted not later than the 1st of March each year. The deadline for approval of the form of the report is 1 December 2010.

.3 An Interdepartmental Coordination Council (ICC) dealing with maritime

safety and marine pollution prevention from ships will be established by a decree of the Council of Ministers. The ICC, which will report to the Minister of Transport, will comprised deputy ministers of the ministries involved and will carry out consultations, coordination and cooperation between the legal entities and natural persons engaged in the implementation of mandatory IMO instruments. The ICC will be tasked to approve the strategy for maritime safety and marine environment protection; monitor and coordinate the activities of the institutions involved in fulfilling the obligations under the respective mandatory IMO instruments. The ICC will draft mandatory guidelines for the respective institutions, based on the assessment of maritime safety and marine environment protection activities aiming at improving of the performance of these institutions. It will also draft and enforce a mechanism for incorporation into national legislation of all amendments to the

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applicable mandatory IMO instruments to which Bulgaria is Party. The deadline for the implementation of this action is 1 October 2009.

Legislation 8.1.29 The following procedure is followed by the Member State for formal adoption of an international instrument:

.1 the competent minister or ministers for the enforcement and implementation of the international instrument concerned prepares a set of documents to be considered by the Council of Ministers;

.2 the set of documents is sent to all members of the Council for their approval;

.3 the approved set is submitted for consideration by the Council of Ministers;

.4 the Council of Ministers approves the international instrument and issues a decision thereto. The decision further contains an offer to the National Assembly to approve and ratify the instrument;

.5 the proposal is considered by different commissions of the National Assembly;

.6 the proposal is considered in plenary and the National Assembly accepts a law on the ratification of the instrument;

.7 the law on ratification is promulgated in the State Gazette; and

.8 the Minister of Foreign Affairs notifies the international organization under which auspice the instrument is accepted.

8.1.30 Within 14 days from the date of entry into force of the instrument for the Republic of Bulgaria, the related legislation has to translated in Bulgarian and promulgated in the State Gazette. With this act the international instrument becomes an integral part of the Bulgarian national legislation, which has primacy over any conflicting provision of the domestic legislation and is directly applied.

8.1.31 In order to harmonize the existing national legislation with the requirements of the newly ratified instrument, changes in the existing legal acts, as well as the drafting of new ones might be needed. In both cases the proposal comes from the competent minister or ministers. Depending on the type of the act which has to be amended or drafted, and whether it is an act of the primary or secondary legislation, there exist two different procedures. The procedure for acceptance of amendments in an act or acceptance of a brand new act of the primary legislation, i.e. law or code, follows the same steps as described above with regard to the procedure on the accession to an international instrument.

8.1.32 The procedure for acceptance of an act of the secondary legislation is much simpler, flexible and less time-consuming. The most popular instruments of the secondary legislation are the ordinances of the competent minister or ministers and in certain cases – ordinances of the Council of Ministers. The ordinances of the competent minister or ministers after being drafted are signed by this minister or ministers and promulgated in the Sate Gazette. The ordinances of the Council of Ministers, after being drafted are submitted to the Council of Ministers for approval. The Council of Ministers takes a decision for approval of the ordinance and same is promulgated in the State Gazette.

8.1.33 The process of preparation and adoption of legislative acts is regulated by the Law on International Treaties and the Law on Legislative Acts of the Republic of Bulgaria

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8.1.34 Based on the audit samples, it was observed that the complex regulatory process could delay the timely incorporation of convention amendments, including tacit amendments, into the national law where necessary. During the process of the audit, no systematic approach was identified for promulgating various amendments to mandatory IMO instruments (SOLAS, MARPOL, LL) and various Codes (LSA, FSS, etc.). Even though the legislative and regulatory core process was considered comprehensive, it remained difficult to follow the methodology for incorporating certain regulations and amendments in the spectrum of Bulgarian laws/regulations. 8.1.35 The legal system within Bulgaria was stated to be able to assure enforcement provisions by the general authorizations given to the entities and the general requirement for ships to comply with conventions without the need for specific and detailed legislation. In this respect, the need to implement amendments to mandatory IMO instruments through the legal system consisting of the ordinances was only necessary in some cases. During the audit it was not possible to establish if this policy, from a legislative point of view, assures timely implementation of amendments, including tacit amendments. 8.1.36 For maritime safety, the main legislation is the Merchant Shipping Code. The code predates the 1974 SOLAS Convention, which the Republic of Bulgaria acceded to in 1983 and promulgated in State Gazette in 2005, as well as MARPOL Convention acceded to in 1984 and promulgated in State Gazette in 2005. It was not evident during the audit that the Merchant Shipping Code had been revised to transpose the SOLAS and MARPOL Conventions in its entirety into national legislation, although compliance with the SOLAS and MARPOL Conventions and some of its subsequent amendments were introduced through numerous and lower levels of legislation, such as Ordinances or Orders. As such, a consolidated text of SOLAS and MARPOL in Bulgarian language was not found in the legislations during the audit. This apparently also poses a problem with regard to amendments to SOLAS and MARPOL, and the auditors were unable to test the veracity of the amendment process, or whether enabling legislation/regulations have been properly issued no later than the entry into force date of the amendment concerned. 8.1.37 Finding Non-conformity

.1 There was no objective evidence that the State transposed and promulgated all amendments to mandatory IMO instruments into national legislation, which would give such amendments the force of law (SOLAS 1974, Article 1 and regulations III/3.10 (LSA Code), II-2/3.22 (FSS Code), II-1 /3-6.4; MARPOL 73/78, Article 1, Annex II, Chapter 2, regulation 6.1; COLREG amendments, resolution A.910(22)). See Form A-NC-01

Corrective Action The Executive Director of BMA will issue orders implementing all amendments to the annexes to mandatory IMO instruments, including mandatory codes, which are not promulgated in the State Gazette, no later than 1 June 2010. The ICC, to be established, will make a proposal for approval of mechanism for timely enforcement of all amendments to the mandatory IMO instruments, which enter into force for the Republic of Bulgaria, with planned completion date set for 1 January 2011. A report on behalf of the Minister of Transport to the Council of Ministers on the provision of administrative

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capacity and financial resources for activities related to the translation and promulgation of amendments to mandatory IMO instruments will be drafted and completed by 30 September 2009.

Records and improvement 8.1.38 The Administration has established a documented procedure, as set out in their quality management system, defining the controls needed for the identification, storage, protection, retrieval, retention time and disposal of records. However, during the audit it was established that, on several occasions, the records were not readily identifiable or retrievable. 8.1.39 During the audit it was observed that there were no updated training and qualification records for a number of flag State surveyors and port State control officers’ personnel files at the Head Office. 8.1.40 Findings Non-Conformity

.1 It was established that the State did not always report to IMO as required by several mandatory instruments (SOLAS regulations I/6(b), I/19 (d), I/21(b) and IV/5.2; STCW 78, article X(3); MARPOL Article III, Annex I regulation 6.3.2 and Annex II regulation 8.2.4). See Form A-NC-02

Corrective Action The Directorate for Aircraft, Maritime and Railway Accident Investigation will submit investigation report of any serious and very serious accident at sea to the IMO, not later than two months after the publication of the official report. BMA shall submit to the IMO information on the detained foreign flagged ships in the Bulgarian ports under the PSC regime and amend accordingly the existing quality procedure, in order to include the requirements for submission of information on the detained foreign flagged ships to IMO. BMA will submit to IMO the missing information on ROs not later than 1 October 2009 and the missing information on the recent changes to the shore-based facilities in the Maritime Mobile Service and Maritime Mobile-Satellite Service established for sea areas, which the State has designated off its coasts, not later than 1 August 2009.

Observation

.2 During the audit it was established that on several occasions the records were not readily identifiable and retrievable (Code, part 1, paragraph 10). See Form A-OB-02

Corrective Action All employees of the relevant departments of regional directorates shall be required to submit copies of all certificates obtained from training courses not later than 31 March 2009. Personnel files of BMA employees will be checked and updated as necessary. The deadline for the implementation of this action is 1 October 2009. Ship files related to surveys performed, which are maintained in regional directorates, will be checked to verify and ensure the availability of all required documents. The deadline for the

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implementation of this action is 1 December 2009. All employees in the survey departments of regional directorates will become familiar with ships’ surveys findings and the maintenance of related records through a special refresher course. The deadline for the implementation of this action is 1 May 2009.

8.2 Flag State activities 8.2.1 Within BMA, plan approval and oversight of ROs is dealt with by the Head Office and the regional offices at Varna and Burgas. Oversight of ship inspections and surveys, search & rescue (SAR) and pollution prevention are dealt with by the regional Directorates. It was evident during the audit that the Head Office of BMA in Sofia is unable to have effective oversight programs due to lack of adequate number of qualified personal. Implementation 8.2.2 The mandatory IMO instruments were sampled as to their implementation as follows:

.1 Load Lines Convention;

.2 SOLAS Convention;

.3 MARPOL Convention;

.4 Tonnage Convention;

.5 STCW Convention; and

.6 COLREG Convention.

8.2.3 BMA is responsible for the STCW Convention. There are five (5) maritime institutions in Bulgaria providing courses leading to deck officers and engineers competencies for the merchant marine. The training colleges conduct education, training and examination (including oral examinations) by themselves; but under the supervision of BMA. Issuance of their certificates of competency is done by the regional Directorates. Bulgaria has submitted their communication of information on these to IMO in accordance with regulation of I/8 of STCW Convention on 7 March 2005. 8.2.4 The BMA does not issue dispensations for merchant mariner documents or licenses. Instead of that, BMA issues exemptions to the Minimum Safe Manning Document, when required. 8.2.5 BMA port State control (PSC) officers have instructions to check and verify crew STCW competencies during PSC inspections. 8.2.6 Requirements for rest hours are transposed into national Ordinance no. 6. There is a requirement for documenting rest hours as recommended by the STCW Convention, part B, VIII/1. 8.2.7 Bulgaria endorses other States’ certificates for Masters issued by other EU countries. It is a national requirement that only Bulgarian citizens or citizens from an EU country can work on Bulgarian flagged ships as Masters. However, it was noted that one of the ship under the Bulgarian flag have employed a Master from non EU country and so far BMA is yet to take appropriate actions. 8.2.8 In compliance with the provisions of Ordinance No. 54 of the Minister of Transport and Communications on the “Technical Requirements and Conformity Assessment of the Equipment

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of Sea-going Ships” on ships flying Bulgarian flag, only type approved equipment may be placed or installed. It is required that replacement of an existing equipment, which is of non-approved type to be done with type approved equipment only. Furthermore, the ordinance specifies the technical requirements of the equipment of sea-going ships; the procedures for assessing and certifying conformity to technical requirements; the inspections of sea-going ships for the purpose of assessing the conformity of their equipment to the relevant technical requirements; the conditions and order of notifying bodies to perform conformity assessment; etc. The BMA recognize equipment approved by the countries in the European Union and other maritime administrations. Presently BMA has not authorized any organization to perform equipment type approval. 8.2.9 One particular area, which is of interest and is also significant in the implementation of mandatory requirements, is paragraph 16.5 of the Code – “to the satisfaction of the Administration”. The audit team has verified during the audit that the Administration interprets this phase on a case-by-case basis. However, the BMA was not able to provide to the audit team relevant applicable guidance for any mandatory IMO Instrument. 8.2.10 It was established that guidance or interpretation concerning those requirements that are to the satisfaction, discretion or opinion of the Administration, are not provided. Survey and certification 8.2.11 BMA carries out inspections of ships in accordance with the procedures set out in resolution А.948(23) of the IMO Assembly regarding Survey Guidelines under the Harmonized System of Survey and Certification. The BMA carries out the following inspections and surveys:

.1 surveys for the purpose of issuing ship’s certificates, extension of validity and verification of the validity of ship’s certificates that are required by the national law and the international treaties to which the Republic of Bulgaria is a Party;

.2 audits of sea-going ships flying the Bulgarian flag and of companies, for the

purpose of issuing ship’s documents or verification of validity of ship’s documents required under the ISM Code;

.3 surveys for the purpose of establishing the compliance with the standards for safety,

safe operation and environment pollution prevention; and

.4 inspections and surveys regarding safe operation of ro-ro ferries and high-speed passenger craft operating in the sea spaces between two Bulgarian ports and between a Bulgarian and foreign ports.

8.2.12 Furthermore, these surveys and inspections carried out by BMA are initial, annual, intermediate, renewal, outside bottom survey and occasional surveys

8.2.13 In exercising control over Bulgarian ships and ship owners, the BMA’s inspectors are following written procedures. These procedures provide for prohibiting ships entitled to fly Bulgarian flag from sailing in case of non-compliance with the requirements of international rules and standards. When it is determined during a survey that the condition of the ship, its equipment or manning does not correspond substantially with the particulars of the certificate or is such that

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the ship is not fit to proceed to sea without danger to the ship, or persons on board or the environment, the surveyor immediately imposes corrective action and ensures that they are implemented, including ship repair, if necessary. In case no corrective action has been implemented, the inspector immediately notifies the Harbour Master of the port of registry and the relevant ship’s certificate is withdrawn.

8.2.14 The whole process of implementation of the enforcement provisions of the Code for the implementation of mandatory IMO instruments is regulated by the national law. The basic instrument which sets out the requirements for compliance by Bulgarian ships and ship owners with the provisions of both the international conventions which the Republic of Bulgaria is a party to and the domestic law relating to the safety of life and property at sea and prevention of marine environment pollution is Ordinance No. 11/26 April 2004 on the Inspection of Ships and Ship Owners, issued by the Minister of Transport and Communications, published in State Gazette issue No.52/18 June 2004. Two orders 82 and 89 of the Executive Director of the BMA also set out rules regulating the process of flag State control. The execution of this process is detailed in the BMA’s quality procedures (QP), which are part of the Quality Management System of the Agency. (QP 05-03 - Carrying out surveys of conventional vessels and issuing documents to the vessels, QP 05-07 Conduct of Audits under ISM Code and QP 09-01 Control over protection of the marine environment from pollution 8.2.15 M/V HEMUS, a bulk carrier was constructed and delivered under BV Class. It is a requirement that before launching newly built ships, bottom inspection including propellers and rudders should be inspected by BMA. Audit team was unable to establish that such inspection has been carried out due to unavailability of relevant inspection reports. Furthermore, it was evidenced that the ship’s structure access manual has been approved by BMA; but relevant records of inspection were not available. According to records available, the engine room noise level has been measured but relevant measurement records were not available. ISM Auditing 8.2.16 ISM auditing is done by BMA officials only and not delegated to any of the approved ROs. There is a well documented process defined in the BMA’s quality manual. 8.2.17 The Company’s Audit Report shall be prepared in the format prescribed in QF 050709, in two copies – one to be sent officially to the Company, the other to be kept in the Company’s record at the DMA in Varna or Bourgas. The Audit report of a ship shall be prepared in the format prescribed in QF 050710 in three copies – one to be submitted to the ship’s Master for the ship’s records, the second one to be sent officially to the Company, and the third one to be kept in the ship’s record at the DMA in Varna or Bourgas. 8.2.18 Where, during an audit of a Company or a ship, there has been found and documented a major non-conformity that can not be rectified within the time of the audit, the lead auditor shall not verify/issue the relevant document and shall withdraw the latter. In cases of an audit of a Company, the lead auditor shall notify the Director for the relevant DMA to undertake measures to make the SMC, issued on the grounds of the DOC of the Company, null and void or to withdraw same. The Director of the relevant DMA shall require in written the Company to return all SMC issued to its ships.

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8.2.19 When BMA, upon authorization by a foreign Administration, carries out an audit, the document/s shall not be withdrawn and the Audit Report shall be sent immediately to the authorizing Administration. 8.2.20 When BMA has authorized a foreign Administration or a recognized organization to carry out the audit, the DOC/SMC shall be withdrawn on instructions of BMA.

8.2.21 During the audit it was observed that ISM auditors from Varna Office conducted an ISM audit onboard m/v MILIN KAMAK on 14 August 2008 for the issuance of the SMC. The relevant audit check list, as required by their quality procedure, was not available at Varna Office although the SMC had been issued.

8.2.22 Until 2004, when Ordinance No. 4 of 9 January 2004 on Recognition of Organizations for Surveys of Ships and Shipowners was issued by the Minister of Transport and Communications and its entry into force, BMA did not delegate any statutory functions and certification services for ships flying Bulgarian flag to classification societies. During that period, all types of surveys and certifications of ships, flying Bulgarian flag, were carried out by BMA’s employees. As an exception, only in cases when BMA’s staff was not able to conduct a survey in a foreign port, the Administration of the State of the port of call was authorized to act on the behalf of the BMA, provided that the State was party to the relevant IMO instruments. 8.2.23 The internal process for monitoring the validity of the Statutory Certificates issued solely by the Administration for ships flying the Bulgarian flag engaged on international voyages is insufficient. It could not be demonstrated how the Administration verifies the expiry date of these certificates or due dates for annual/periodical surveys or the timely submission of corrective actions for identified non-conformities in order to ensure that Bulgarian flag vessels, while abroad, will not sail with expired or invalid certificates. 8.2.24 There is no written specific internal procedure or clear instructions concerning the issuance of exemption from the requirements of the mandatory IMO instruments. Recognized Organizations 8.2.25 Since 2004, on the grounds of the 2002 amendments to the Merchant Shipping Code (Art. 73a) and Ordinance No. 4 on Recognition of Organizations for Surveys of Ships and Shipowners, BMA started a procedure for delegation of statutory functions and certification services for ships flying Bulgarian flag to classification societies. Ordinance No. 4 , which is the basic legal act, regulating the delegation of authority to classification societies, is based on IMO Assembly resolution A.739(18) and EU Directive 94/57 of 22 November 1994 on the general rules and standards for ship inspections and recognized organizations, and the related activities of maritime administrations (with all amendments thereof). The Ordinance is promulgated in the State Gazette 7 of 27 January 2004 and since its entry into force the following ROs have been authorized to act on the behalf of the BMA:

Bulgarian Register of Shipping (BRS) Germanischer Lloyd (GL) Lloyd's Register of Shipping (LR) Bureau Veritas (BV) Russian Maritime Register of Shipping (RMRS) Krassio Ltd – Nominated Radio Surveyor

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8.2.26 The Administration has not notified the IMO of the specific responsibilities and conditions of authority delegated to some of its ROs. Bulgaria forwarded the agreement with the Bulgarian Register of Shipping to IMO on the 30th June 2005. The agreement with Lloyd’s Register and Germanischer Lloyds was forwarded to IMO on the 3rd June 2006 .There were no relevant evidence for three of its ROs, namely Bureau Veritas, Russian Maritime register of Shipping and Krassio Ltd. 8.2.27 Authorizations of ROs are documented in individual agreements with annexes. The annexes provide details governing the delegation of statutory functions and certification services for ships registered in the Republic of Bulgaria with all above classification societies except with Bureau Veritas and Nippon Kaiji Kayoki. Detailed descriptions of the functions delegated and a supplement gives any additional requirements in excess of the mandatory IMO instruments are included in these agreements. However, it was noted that the agreement with Krassio Limited is not in line with the relevant IMO resolutions. The Administration has no records of compliance, for one of its recognized organizations (ROs), namely Krassio Ltd (radio surveyors), with the applicable provision of Appendix 1 to Annex 1 of resolution A.739(18) and the applicable specifications/modules contained in the Annex to resolution A.789(19). Therefore, it could not be established if the Administration had, before authorizing the said organization, had carried out a proper assessment. 8.2.28 The written agreements between the Administration and the recognized organizations do not include the minimum elements set out in the Appendix 2 of the IMO resolution A.739(18). Several functions (i.e., approval of material and equipment as required by the mandatory IMO instruments) which are carried out by ROs are not included in the relevant agreements. 8.2.29 Furthermore, Orders are sent to all ROs when necessary. These Orders are written in Bulgarian language and there is a possibility of different interpretation by individual ROs when translating these in another language. 8.2.30 It was observed that Krassio Limited is a supplier, service agent and a repairer of communication and navigational equipment in Bulgaria and authorized to conduct Radio Surveys on behalf of the BMA and endorse its certificate on their behalf. This is not inline with the relevant IMO resolution, since there is a conflict of interest. 8.2.31 For the monitoring and oversight of ROs, BMA maintains a biennial audit scheme at Headquarters. Normally the audits are carried by regional DMAs surveyors. The audit team could not establish that biennial audits of several recognized organizations (LR, GL, RS, BV) had been carried out by the Administration since the date of their recognition. 8.2.32 Furthermore, during the audit there was a lack of evidence that the detentions of Bulgarian flag ships by foreign port State control authorities all over the world are properly and timely investigated with reference to class related deficiencies. Investigation for the following sample cases could not be provided:

.1 GENERAL VLADIMIR ZAIMOV – IMO No.7227970, detained at Castellon de la Plana / Spain on 02.11.2006; and

.2 BULGARIA – IMO No.7740831, detained at Hamburg/Germany on 08.02.2006

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8.2.33 M/V «CARINA» - IMO No. 7929619 - GL has imposed statutory condition valid for one month concerning the servicing of immersion suits with inflatable lifejackets without the permission of the Administration. The Administration has failed to identify this and to carry out a proper investigation. 8.2.34 Requests for exemptions or equivalences are to be notified by the relevant RO to BMA, who will evaluate and decide upon the outcome of the application. 8.2.35 The Administration has issued instructions through the Memorandum of Agreement to the ROs that if ships flying its flag are found to be seriously deficient then these must be reported to BMA for further action. 8.2.36 Surveys required under the conventions fully delegated to the ROs except ISM, Tonnage and ISPS certification. 8.2.37 The Cargo Securing Manual and the Ships Structure Access Manual are approved by the BMA. It was noted that the Ship Structure Manual on a newly constructed bulk carrier has been approved without an onboard inspection by BMA. Requirement of Ship Structure Manual has been omitted from the Bulgarian translation of SOLAS although later amendments to SOLAS are included. Enforcement 8.2.38 The Administration has implemented various enforcement measures through national legislation, including administrative penalties and suspension of licenses. 8.2.39 BMA, following the detention of KILMORE (RO_RO VESSEL) in France on 3 September 2008, carried out flag State inspection and additional ISM audit within few days after the detention. The immediate actions taken for this ship shows the commitment of BMA. However the ship was detained again on the 12th November 2008 by a PSC authority under the Paris MOU and various questions remain unanswered.

Training of surveyors, inspectors and PSCOs 8.2.40 Flag State surveyors are designated as inspectors within Bulgaria. Some inspectors are also designated PSCO’s and carry out port State control duties. 8.2.41 The recruitment criteria as well as the qualification and professional requirements for surveyors and other staff engaged in flag duties are detailed in Ordinance No. 11/26 April 2004 on the Inspection of Ships and Ship Owners and Ordinance No.12 on Port State Control Inspections. Surveys are conducted by BMA’s employees relating to survey and certification of ships, flag State control and Port State Control.

8.2.42 The BMA’s surveyors, who are in charge with the flag State control implementation, are required to meet the following requirements:

.1 Higher education in Navigation, Marine Engineering, Naval Architecture or Ships Radio-electronics and Communications;

.2 at least 5 years of sea-going service in a capacity on operational or management level, or at least 5 years of service in the relevant specialty;

.3 fluency in the English language - written and oral, and as to ships on the Inland

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waterways of Europe – German or English language; and

.4 have completed 6-month apprenticeship under the supervision of surveyor with at least two years of experience in carrying out ships inspections and surveys.

8.2.43 Persons working on board ships flying the Bulgarian flag or employed under contract of employment or freelance contract with ROs under Ordinance No. 4 / 2004 on the Recognition of Organizations to Carry out Inspections of Ships and Ship Owners, cannot be nominated as surveyors for BMA. Furthermore, no surveyor with commercial interests in shipping may be allowed to survey the latter. While carrying out surveys, inspections and control, the duly authorized BMA’s staff must produce identity cards in accordance with Article 370, para.3 and 4 of the Merchant Shipping Code and Ordinance No.11.

8.2.44 The recruitment criteria as well as the qualification and professional requirements for inspectors, engaged in port State control, are laid down in Ordinance No. 12 on port State control.

8.2.45 The ship inspections are performed by port State control (PSC) inspectors from the respective Directorates in Varna and Bourgas. When performing the inspections, the PSC inspectors may involve other experts at their own discretion. It is required that all inspectors are to be seafarers, qualified for the purposes of carrying inspections, who:

.1 hold a master’s degree in navigation, or marine engineering, or shipbuilding, or radio electronics and communications;

.2 have at least five years of seagoing service in an operational or management position;

.3 have at least one-year experience as surveyor, performing surveys and certification of ships flying the Bulgarian flag;

.4 have written and spoken knowledge of the English language for the purpose of documenting inspection results and communicating with the Master and crew of the inspected ship; and

.5 have sufficient knowledge and experience for performing inspection and certification of ships in accordance with the national legislation and in compliance with the international agreements to which the Republic of Bulgaria is a party.

8.2.46 Another option is: a person may also be appointed inspector if s/he meets certain requirements laid down in the national legislation and has completed a training course for port State control inspectors and has an experience as flag State surveyor of at least 2 years.

8.2.47 Since the date of Bulgaria’s joining the EU, PSC inspectors are persons, who have at least one-year experience as inspector, performing inspection and certification of compliance with the international agreements, to which the Republic of Bulgaria is a party, and who holds:

.1 a certificate of competency as per Reg. II/2 or III/3 of the STCW Convention and have at least 5 years sailing experience in an operational or managerial position on the deck or in the engine department, or

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.2 a diploma in engineering – naval architecture, radio-electronics, or other specialty, connected with the navigation and who have at least five years of experience in this specialty.

A person may also be appointed inspector if s/h has:

.1 a diploma for a respective higher education, and

.2 completed a training course for ship’s safety inspectors in a training institution, approved by EAMA, and

.3 at least two years of experience as inspector, performing inspection and certification of compliance with the international agreements, to which the Republic of Bulgaria is a party;

8.2.48 Persons, who have commercial interest in the port or the inspected ship as well as employees or contractors of organizations recognized in accordance with the provisions of the Ordinance stipulated in Art.73, par. 4 of the Merchant Shipping Code cannot be appointed inspectors.

8.2.49 Port State Control inspectors are required to identify themselves by means of an identity card, issued in accordance with the Merchant Shipping Code, which certifies that the inspector is authorized to perform the inspections under Ordinance No.12. 8.2.50 It was observed that BMA is not always recruiting properly qualified personnel than stated above to function as PSCOs and/or flag State surveyors. 8.2.51 PSCO’s are required to maintain their levels of competence through periodic assessments but there was no objective evidence of evaluation. MARPOL Convention 8.2.52 Republic of Bulgaria is a party to all Annexes and Protocols to the MARPOL Convention.

8.2.53 The control on the quality of the marine fuel on board of the ships in Bulgarian territorial waters and inland waterways is maintained by duty officers (inspectors) appointed by the Executive Director of BMA. The Duty officers (inspectors) at regional offices maintaining the control will:

.1 check the ship’s Log Books, in which it is obligatory to record all

operations concerning the bunkering; .2 take samples from the marine fuel during bunkering from the supplier or

from ship’s tanks in presence of the Master and/or the ship’s agent; .3 require a Declaration for compliance (Certificate of quality) and/or Bunker

Delivery Note for the bunker delivered; and .4 submit the samples taken to the duty officers from the Directorate “Control

of the Quality of the Liquid Fuels” for testing.

8.2.54 After the fuel is tested the Directorate “Control of the Quality of the Liquid Fuels” sends to the BMA the Test Report from an accredited laboratory and a Protocol for Compliance of marine fuel is undertaking by BMA in accordance with the existing legislation.

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8.2.55 Officers on duty from BMA will order termination of the bunkering in case of lack of Declaration for Compliance (Certificate for the Quality) and Bunker Delivery Note or in cases when the Declaration for Compliance and Bunker Delivery Note are not in compliance with the requirements 8.2.56 The Executive Director of BMA approves procedures for testing and adoption of technologies for reducing of the emissions from ships based on a project for such testing in accordance with Annex VI of MARPOL, IMO recommendations and Regulation EC 2099/2002 of the European Parliament and the Counsel from 5 Nov 2002. During the testing and after the adoption of the technologies for reducing of the emissions from ships, the Executive Director of BMA can permit the use of marine fuels, which are not in compliance with this Regulation, under condition that all procedures are fulfilled. 8.2.57 The requirement for the sulfur content in light marine fuels applies to all ships in Bulgarian internal waterways, as well as to ships at anchorage and in Bulgarian ports. 8.2.58 During the audit it was observed that the officials dealing with MARPOL at the Head Office are not very familiar with the requirements. 8.2.59 The audit team observed that the Republic of Bulgaria does not comply with the provisions

of MARPOL Annex VI regulation 18.7, including maintaining a list of approved bunker suppliers as required. However, it was noted that this is not within the responsibility of BMA. The audit team was unable to establish which organization is the responsible.

Load Line Convention 8.2.60 Republic of Bulgaria is a party to the International Convention on Load Lines and to the

1998 Protocol.

The implementation of the Load Line Convention is carried out by the regional Directorates at Varna and Bourgas.

The Load Line calculations, marking, marking, survey and certification for Bulgarian flag vessels have been delegated to the Recognised Organizations by the Republic of Bulgaria. Subsequent changes to the load line assignments should be notified to BMA by ROs immediately

Exemptions from the requirements of the Load Line Conventions are granted only by the BMA, however, no exemption has been issued so far.

Tonnage Convention

8.2.61 Republic of Bulgaria is a party to the International Convention on Tonnage Measurement of Ships. The regional Directorates at Varna and Bourgas are responsible for the implementation of the Tonnage Convention. Tonnage certificates in accordance to the ITC 69 are issued by the said Directorates based mainly on the calculations carried out by the classification societies of the vessels although this has not been fully delegated to ROs. Oversight of RO tonnage calculations is said to be conducted by the regional offices but there were no records available to confirm such oversight program. In cases where the

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tonnage certificate is issued by a previous administration, the RO is requested to conduct a review of the previous calculations.

8.2.62 Tonnage measurement and calculations for small vessels are carried out by qualified

personnel in the Regional Directorates. It was evident that such calculations not verified or evaluated by another qualified person. Evaluation of these calculations should be carried out by a second person prior to issuing Tonnage Certificates to Bulgarian flag ships.

8.2.63 Findings Non-Conformities

.1 It was established that the Administration does not satisfactorily comply with the requirements of the mandatory IMO instruments concerning the authorization of organizations to act on its behalf (SOLAS 74, regulations I/6 and XI-1/1; MARPOL, Annex I - regulation 6; Annex II - regulation 8; Annex IV - regulation 4; Annex VI - regulation 5; LL 66, Article 13 and resolutions A.739(18) and A.789(18)). See Form A-NC-03

Corrective Action

BMA will analyze all agreements concluded with ROs. Where necessary, the Administration will amend existing agreements to bring them in conformity with the mandatory requirements, or in the absence of an agreement, one will be concluded with the RO concerned. The deadline for the implementation of this action is 1 October 2009.

Observations

.2 It was established that guidance or interpretation concerning those requirements found in several mandatory IMO instruments that are to the satisfaction, discretion or opinion of the Administration are not provided. There is no written procedure or clear instructions concerning the evaluation and approval of requests submitted for exemptions from the requirements of SOLAS, as well as the issuance of relevant exemption certificates (Code, part 2, paragraphs 16.1 and 16.5). See Form A-OB-03 Corrective Action A quality procedure will be drafted on interpretation and implementation of the provisions of all relevant mandatory IMO instruments, which grants discretion to the Administration to decide on approvals and exemptions from the application of certain requirements. The deadline for the implementation of this action is 1 September 2009.

.3 The oversight programme established by the Administration for monitoring its

ROs is not always properly implemented (Code, part 2, paragraph 20). See Form A-OB-04

Corrective Action

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The approved schedule for audits of ROs, every two years and meetings with them shall be strictly observed. The organization of BMA’s activity emanating from the mandatory IMO instruments and the maintained documentation thereto will be analyzed. A mechanism for optimization will be drafted, aiming at systematization of the maintained documentation, which must be easily and quickly accessible and retrievable. The deadline for the implementation of this action is 1 October 2009.

.4 It was established that measures to secure observance of international rules and

standards by ships entitled to fly the flag of the State in order to ensure compliance by the Administration with its international obligations could not be demonstrated (Code, part 2, paragraphs 21.1 and 21.2). See Form A-OB-05

Corrective Action

The procedure dealing with carrying out surveys of ships and issuing documents to the ships will be amended not later than 1 June 2009, in order to include the control over the validity of the certificates issued by BMA. When the new register of ships is implemented, a module, which monitors and informs of the expiry of ships’ certificates will be activated. The deadline for the implementation of this action is 1 June 2010.

.5 It was established that the State does not always ensure that qualified technical

personnel (surveyors/inspectors) are recruited and it does not have a systematic and documented training programme for new entrants, as well as updating of the knowledge of existing technical personnel (Code, part 2, paragraphs 28, 35, 36.5, 36.7; part 4, paragraph 56). See Form A-OB-06

Corrective Action

Analysis of the training of inspectors from relevant departments of the regional directorates and evaluation of the need for additional training will be included in the BMA’s annual activity report. The identified areas of additional training will be laid down in the Annual BMA’s Plan for Staff Training in accordance with the existing procedure. The deadline for the implementation of this action is 31 January 2010. Workshops on amendments to mandatory IMO instruments will be planned and organized annually, for inspectors tasked with PSC inspections and ships’ surveys and certification.

8.3 Investigation of marine accidents 8.3.1 The investigation and analysis of marine casualties are regulated in the Bulgarian national legislation by Ordinance No. 23 / 17.11.2005 on investigation of casualties in the sea spaces and the inland waterways, issued by the Minister of Transport, promulgated in State Gazette issue 95/ 29.11.2005., which entered into force on 01.01.2006. The ordinance fully transposed the requirements of the IMO Code for the Investigation of Marine Casualties and Incidents, adopted by resolution A.884(21). 8.3.2 The Statutory Regulations on the Ministry of Transport provides as follows:

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Section III “c” Specialised unit for investigation of accidents in the maritime spaces and inner waterways (New – SG, issue 90/2005, in force as of 01.11.2005, the title amended – SG, issued 96/2005, in 01.12.2005). Art. 30d. (New – SG, issue 90/2005, in force as of 01.11.2005, the title amended – SG, issued 96/2005, in 01.12.2005).

.1 The specialised unit for investigation of accidents in the maritime spaces and inner

water ways shall:

.1 maintain a system for reporting accidents occurring in the maritime spaces and inland waterways;

.2 conduct investigation of the accidents, under item 1 above;

.3 keep records on the investigations and information data base about the accidents under par.1 above;

.4 draft and circulate information bulletin on the accidents under item 1 above; and

.5 while investigating accidents under par.1 above, the unit shall analyse the actions of the physical persons and the legal entities in the field of shipping as well as the functioning of the objects and equipments, related to the specific accident.

.2 Upon completion of the investigation the head of the unit shall submit a report thereof to the Minister of Transport together with recommendations with regard to the measures for prevention of such accidents.

.3 The head of the unit shall submit to the Minister of Transport annual report on the

measures, undertaken by the recommendations’ addressees under par.2 above, and this report shall be published in the information bulletin.

8.3.3 The competent authority – a specialised unit within the Ministry of Transport for investigation of accidents occurring in the maritime spaces and inland waterways of the Republic of Bulgaria- carries out its tasks in conformity with the requirements of the international and national instruments in this field as described above. The investigations conducted by the unit, as provided for in the ordinance, are impartial and independent and same are not aiming at establishing guilt or responsibility and they do not obstruct any civil, administrative or punitive proceedings. The unit is directly subordinated to the Minister of Transport 8.3.4 In conformity with the legislation in force, while investigating accidents, the specialised unit analyses the actions of the physical persons and the legal entities in the field of shipping as well as the functioning of the objects and equipments, related to the specific accident. Upon completion of the investigation the head of the unit submits a report thereof to the Minister of Transport together with recommendations with regard to the measures for prevention of such accidents. Before the publication of the report, the latter is submitted to all parties concerned for comments and in case when these comments relate to safety issues, they are published together with the report. The recommendations’ addressees are obliged to fulfill without any delay all prescribed measures and to inform the head of the unit accordingly. If they fail to do so they must inform the head of the specialised unit about the reasons for non-fulfilment. 8.3.5 Council of Ministers has taken a decision on 28 July 2008 establishing a new integrated unit to investigate land, air and sea and inland transport accidents under the Minister of Transport.

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8.3.6 Maritime investigation division of the unit is to have 4 inspectors consisting of a state inspector and three (3) chief inspectors. At present only one newly recruited state inspector and one chief inspector are available to deal with all maritime accident investigation activities. Division is receiving daily information from the Emergency Response Centre on situation in ports and in territorial waters. 8.3.7 There have been two (2) maritime accidents during the year 2007:

• Collision m/v GEO MILEV vs m/v MSC ELENA (21.10.2007), • Fatal accident onboard m/v MARINE (03.08.2007)

8.3.8 In the first case the preliminary investigation report was delivered to the Minister of Transport on 30.11.2007, and the report on second accident was delivered on 31.08.2007. 8.3.9 The investigation division is still awaiting for the Minister’s acceptance to publish the reports and to communicate them to the IMO. 8.3.10 During the audit it could not be established by the audit team if lessons learned had been identified in order to prevent reoccurrence. 8.3.11 The following accidents took place during the current year:

• Sinking of Bulgarian m/v Vanessa on 03.01.2008 • Sinking of N. Korean m/v Tolstoy on 27.09.2008 within the Bulgarian waters.

Both accidents are still under investigation. 8.3.12 It was established during the audit that this division does not have sufficient qualified maritime investigation inspectors. 8.3.13 Furthermore, it was difficult to establish that there is a systematic procedure for carrying out activities related to maritime accident investigations. 8.3.14 During the audit there was no objective evidence to confirm that investigations carried out previously have been reported to the IMO as required. 8.3.15 Findings Observation

.1 During the audit it could not be established that lessons learned, following accident investigation, had been identified in order to prevent reoccurrence of such an accident and if the results of such investigations were made public (Code, part 2, paragraph 40). See Form A-OB-07

Corrective Action The Directorate for Aircraft, Maritime and Railway Accident Investigation will publish the reports from accidents investigated in Bulgarian and English languages on the

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official website of the Ministry of Transport, as provided for in the relevant. The report will be published ten days after a draft is completed.

Dangerous cargo 8.3.16 The competent Authority in respect dangerous cargo in Bulgaria is the BMA. However, it was noted that the full responsibility on transporting radio active materials (Class 7) cargo lies with the State’s nuclear power authority. There is a documented procedure within BMA in respect of approval, construction and testing of pressure vessels, approval of other packaging materials and procedure for road transport. The transport of procedure describes the agencies responsible for safety and security during transport. It was noted that radio active materials were transported on the Danu River through Romania and other countries to Russia until the year 2001. Rumania has banned transport of Class 7 cargo through its territory since 2001 and such cargo must be transported through the port of Varna. Officials of the port of Varna responsible for monitoring of radio active materials must be updated on the new procedures laid down by the competent authority. 9 Port State activities Port State Control 9.1 Bulgaria, being a member of two MoUs on PSC – the Paris and the Black Sea MoU on PSC, in fulfilling its commitments as a port State, carries out a variety of inspections as provided for in the memoranda. These rights and obligations of the corresponding authority in its capacity of port State control are laid down in the Merchant Shipping Code, Ordinance No.12 on Port State Control. 9.2 Art.362(a)(2) of the Merchant Shipping code stipulates: “The Executive Agency “Maritime Administration” shall exercise state control in ports over foreign ships from the moment of their entry until the moment of their departure from the ports of the Republic of Bulgaria in relation to compliance with international safety standards, preventing of pollution and living and working conditions on board. Within each calendar year, the Maritime Administration Executive Agency shall perform inspections, corresponding to at least 25% of the number of ships visiting Bulgarian ports. 9.3 Ordinance No.12 on port State control further provides for: “Art. 1.

1 This ordinance shall lay down the conditions and order of performing port state control inspections of foreign ships on the territory of the Republic of Bulgaria to establish their compliance with the requirements for safety, safe operation and prevention of pollution to the marine environment.

2 Control on the enforcement of par. 1 shall be exercised by the Maritime

Administration Executive Agency (MAEA). Art. 6

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1 Inspections pursuant to this Ordinance can be made on any foreign ship and its crew when:

.1 such ship is calling at a port of the Republic of Bulgaria or is anchored off the port at the adjoining road-steads and anchorages;

.2 such ship is calling at an off-shore platform or another installation anchored to the continental shelf of the Republic of Bulgaria, or anchored off such a platform or installation;

.3 such a ship is anchored in the territorial waters of the Republic of Bulgaria, except in the event of sheltering.

9.4 Last but not least this activity of the Administration is further detailed in QP-07-02 on Port State Control.

9.5 The procedure lays down the order of performing port State control of foreign ships in the territory of the Republic of Bulgaria to establish their compliance with statutory regulations for safety, safe operation and environment pollution prevention. The procedure specifies the objectives and the criteria for their achievement, the scope of application, the implementation responsibilities and the process of implementation. 9.6 Representatives of the Administration regularly participate in all meetings under both memoranda, including their annual sessions, seminars, workshops, etc. BMA inspectors take part in the Exchange programmes and vice versa. The BMA readily invites inspectors from Member-State who have expressed willingness to participate in such programmes. 9.7 When a more detailed inspection or a mandatory expanded inspection is carried out, the inspector drafts a survey report thereto. The latter is made available by electronic means to the information systems of the Paris and Black Sea MoUs on PSC. A copy of this survey report is given to the Master of the inspected ship immediately after the completion of the inspection 9.8 All ships which are detained have their forms A and B reviewed by BMA. 9.9 The “no more favourable treatment” clause of the 1978 SOLAS Protocol is addressed by Bulgaria. 9.10 There is no systematic and documented training programme for new entrant PSCOs as well as in- service training requirements for experienced PSCOs. Furthermore evidence on the evaluation and identification of the training needs of individual PSCOs could not be provided. The training of PSCOs is based on the availability of training seminars organized by regional port State control regimes instead on the actual training needs of each PSCO. 9.11 Even though information on detention of foreign ships, visiting the ports of the Republic of Bulgaria, by the Bulgarian port State control authorities is submitted to the regional port State control regimes, no evidences were found that the same information is also submitted to the IMO as required in several mandatory IMO instruments. Port Waste Reception Facilities 9.12 Responsibilities for ensuring effective waste disposal facilities for MARPOL Annexes are divided between the BMA and the Ministry of Environment and Waters (MoE). MoE has overall oversight of substances which are removed from ships. The oversight commences when the

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substance leaves the ship until final disposal ashore. Regional DMAs submit detailed report on the quantities of the waste discharged from ships to the regional inspectorates of MoE. 9.13 The ports and terminals which provide waste reception facilities must hold a Certificate issued by the MoE. The process involves guidelines being developed by setting out criteria for assessment. Following the application by a facility for assessment, the regional office of the MoE within their regions is charged to evaluate these under the guidelines and issuing appropriate certification when found adequate. There are no records of annual checks undertaken to ensure ongoing suitability and to maintain oversight of the process. 9.14 The facility visited at Varna is a modern plant and is capable of handling waste oil, garbage and sewage 9.15 The Port Infrastructure Company call for tenders every year for services. The present contract, which expired in May 2007, has not been extended due to legal proceeding. There is no continuity on the authorization due to this procedure. 9.16 As required by legislation, a monthly report is sent by the facility to the regional office of the MoE on the 5th day for the preceding month. However, the audit team could not establish that such reports are sent by the facility at Varna and therefore the audit team could not establish that the disposal of wastes is adequately monitored. 9.17 Findings Non Conformity

.1 Reception facilities required by MARPOL Annex II are not available within the State, although the ports in Bulgaria handle such cargoes (MARPOL 73/78, Annex II, chapter 8, regulation 18.1). See Form A-NC-05

Corrective Action The ICC will organize the assessment of the issue related to reception facilities regulated by MARPOL Annex II and will draft a plan for these facilities to become fully compliant with the respective requirements of the MARPOL Convention. The deadline for the implementation of this action is 31 December 2010. Adequate reception facilities conforming to the approved plan will be set up. The deadline for the implementation of this action is 31 December 2013.

.2 There was no objective evidence that the State maintains a list of local suppliers of

fuel oil to ships (MARPOL 73/78, Annex VI, regulation 18(7)(a) ). See Form A-NC-04

Corrective Action BMA, through the Ministry of Environment and Water, will require the Bulgarian Ship Suppliers Association to present updated list of local suppliers of fuel oil to ships, as well as to inform BMA of any subsequent changes to the list. The deadline for the implementation of this action is 1 September 2009 and continuously thereafter. BMA will submit to IMO the list of the authorized local suppliers of fuel oil to ships and a

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quotation of the national legislation regulating this matter not later than 31 December 2009.

Grain Loading 9.18 BMA is the authority in Bulgaria who is responsible for grain loading. Loading of grain and calculating of stability before the departure of any ship is conducted by the officials of BMA. Similarly, the officials of BMA supervise loading and lashing of timber and loading and lashing of oversize cargo on deck. 10 Coastal State activities 10.1 The Ministry of Transport is the responsible entity for obligations arising under SOLAS IV and V for Radio communications, SAR including MRCC and VTS. 10.2 Aids to Navigation including maintaining of light houses & buoys within the territorial waters, issuance of Navigational Warnings and Notices to Mariners and hydrographic services are the responsibility of the Bulgarian Navy. Port Infrastructure Company is responsible for maintaining AtoN within the ports and their approaches. 10.3 Meteorological services are provided by the National Institute of Meteorology and meteorological information are broadcasted by Varna Radio. Hydrographic Services and Aids to Navigation 10.4 Aids to Navigation System is consistent with the International Association of Lighthouse Authorities (IALA) Maritime Buoyage System. All navigable waters of Bulgarian sea area follow IALA Region A. 10.5 Aids to navigation in the territorial waters are maintained by the Bulgarian Navy. Other work entrusted to the Navy are:

.1 Hydrographic and oceanographic surveys;

.2 production and publishing of nautical chartpilot books, list of lights, sailing directions, oceanographic studies;

.3 promulgation of of notices to mariners and radio navigational warnings;

.4 Aid to Navigation services; and

.5 Meteorological forecasts (restricted broadcast).

10.6 The service of the Navy provides information and services to Institute of Oceanography, National Institute of Hydrology and Meteorology, Institute of Maritime Resources, Maritime Administration, Port Authorities and other interested parties. Currently, the Hydrographic office of the Navy has a bilateral agreement with the Hellenic Navy hydrographic service, Italian hydrographic service and the United Kingdom Hydrographic Office. 10.7 Buoy positions are normally verified during periodic maintenance visits. Any report of failure is registered in the Aids to Navigations (AtoNs) system and attended as necessary. In the interim, buoy discrepancies are issued through the Broadcast Notice to Mariners until permanent repairs can be conducted. Depending on the situation, a temporary aid to navigation may be installed, if it is estimated that repairs would be prolonged.

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10.8 All light houses are manned 24/7 and powered by main electricity. There are standby generators for its use in case of a power failure. 10.9 Port Infrastructure Company is responsible for maintaining AtoN within the ports and their approaches. The company has an ISO 9001:2000 Quality Management certificate and maintenance is carried out according to their internal procedures as described in their quality manual. Vessel Traffic Services 10.10 There are Vessel Traffic Services (VTS) located at Varna and Bourgas. VTS centres are under the responsibility of the Port Infrastructure Company. VTS services provided are not yet approved by IMO.

10.11 Audit team noted that VTS operators are not trained on the operation of VTS system. Furthermore, it was established that there is a shortage in VTS operators and they are working on 12 hour shift alone which may lead to accidents, although there are no accident in Bulgarian waters since the start of VTS operation.

10.12 The audit team will not raise any finding related to VTS since it is not approved by IMO.

Radio communications 10.13 Coastal radio station “Varna Radio” is owned by the Bulgarian Ports Infrastructure Company, an entity under the Ministry of Transport. 10.14 Coastal Radio Station “Varna Radio” is a national maritime telecommunication operator, which offers radio- and telecommunication services to ships at sea, without any limitation due to their geographical position. Coast Radio Station “Varna Radio” secures the maritime radio-and telecommunication traffic of the Republic of Bulgaria in accordance with the international commitments – safety of navigation, protection and safety of human life at sea. 10.15 “Varna Radio” is a Maritime Coast Radio Station covering all functional requirements of the Global Maritime Distress and Safety System– GMDSS for Area 1 and Area 2 and provides the following services:.

.1 secures continuous (unceasing) possibility of reception of a transmitted radio-signal of ship in distress - Distress Alert - in Area А1 and Area А2. In addition, “Varna Radio” secures continuous (unceasing) possibility for connection with the Search and rescue (SAR) shore-based facilities and their SAR units in case of real distress at sea and the consequent SAR operations;

.2 promulgates Maritime Safety Information – MSI in FM radiotelephone mode on

VHF, in AM radiotelephone mode on MF and radiotelex NBDP-FEC mode on HF, using assigned international radio frequencies, which are published in all internatioinal radiosignals documents - Admiralty Lists of Radio Signals and publications of International Telecommunication Union- ITU. By fulfilling this function, “Varna Radio” takes part in the international system of promulgation of MSI on MF- NAVTEX. “Varna Radio” promulgates navigational warnings, meteorological weather forecasts and warnings, SAR messages, urgent messages in

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connection of salvation of human life or ships at sea. Also, “Varna Radio” broadcasts such as the above mentioned messages by the use of NAVTEX on behalf of Romania; and

.3 secures the possibility for SHIP-TO-SHORE radiotelephone (stationary or mobile)

and radiotelex connections.

10.16 In addition, “Varna Radio” secures possibility for radio-connection with small boats which are not equiped with GMDSS equipment and renders assistance in the radio-connection with them, and between them. All this is provided by the continuous aural watch not only on the international distress frequencies, but also on the 10 ch VHF.

10.17 No evidences could be provided that information concerning recent changes to the shore-based facilities in the Maritime Mobile Service, Mobile-Satellite Service and Maritime Mobile-Satellite Service, established for sea areas which the Administration has designated off its coasts has been submitted to the IMO. This was evidenced also in the latest Master Plan of Shore-Based Facilities for the Global Maritime Distress and Safety System circulated by the IMO (GMDSS/Circ.10 dated 22.08.2008) where the information concerning the Republic of Bulgaria is outdated or missing. Search and Rescue 10.18 The Maritime Rescue Coordination Centre of the Republic of Bulgaria is a functional unit of the BMA situated in the town of Varna and administratively is arranged as Search and Rescue Directorate (SARD) at the EAMA. The MRCC is managed by the SARD Director. The MRCC has the following main functions:

.1 to maintain a continuous watch in order to receive distress alerts, oil pollution reports and security alerts from the SSAS systems;

.2 to take action in response to a distress alert, pollution report or security alert; and .3 to organize and coordinate SAR operations in cooperation with other government

institutions and volunteer organizations. 10.19 The MRCC operation is regulated by quality procedures as part of the quality management system of BMA. The MRCC is fully equipped with the required communication equipment. 10.20 The BMA has the following SAR units:

.1 6 multi-purpose high speed boats situated 3 in Varna and the other 3 in Bourgas; .2 2 rescue boats situated 1 in Varna and 1 in Bourgas; and .3 2 patrol boats situated 1 in Varna and 1 in Bourgas.

10.21 In cooperation with the Navy and Border Police the available warships and auxiliary ships, a naval helicopter, as well as Border police vessels and cutters, as are declared for participation in SAR operations, may be used for SAR purposes under the MRCC’s coordination. 10.22 The Republic of Bulgaria has agreements on SAR cooperation with adjacent countries. Presently Bulgaria has agreements with Turkey and Romania; but not with Ukraine, because the

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Eastern boundary of Bulgarian Search and Rescue Region has not be defined and agreed with Ukraine. 10.23 During the audit it was established that no records of qualifications and training of the MRCC Varna duty staff are available. 10.24 Findings Non Conformity

.1 There was no evidence to suggest that the State carries out periodic exercises to test the effectiveness of passenger ship search and rescue co-operation plans (SOLAS 74, regulation V/7.3). See Form A-NC-06

Corrective Action The BMA will amend the existing quality procedure in order to include a provision for the documentation of the periodic exercises on search and rescue with passenger ships. The deadline for the implementation of this action is 1 June 2009.

Meteorological Services and Warnings 10.25 The area of responsibility of the National Institute for Meteorology and Hydrology (NIMH) is east Bulgaria and the west part of Black Sea. 10.26 The structure of the NIMH consists of 7 meteorological observatories namely Ruse, Silistra, Sbumen, Razgrad, Targoviste, Dobricb and Bourgas. These observatories gather information and disseminate forecasts to different users. There are 40 meteorological stations, 66 precipitation stations, 30 hydrological stations and 38 agro-meteorological stations.

10.27 The Regional Centre Varna of the National Institute of Meteorology and Hydrology (NIMH) issues and transmits to Varna Radio the following marine forecasts:

.1 weather and sea bulletin – three times a day in Bulgarian and English languages;

.2 NAVTEX – twice a day in English language;

.3 warnings, referring to areas 1, 2 and 3 – they are issued immediate upon the establishment that such warnings are needed; and

.4 warnings, referring to JULIETTE area – when necessary.

Counter-Pollution Measures

10.28 The counter-pollution measures are implemented in Bulgaria in three (3) different levels as follows:

.1 Level 1 – Municipality and industrial / local plans;

.2 Level 2 – Regional (district) plans; and

.3 Level 3 – National plan.

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10.29 The National Contingency Plan for combating oil spills (NCP) was developed in 2001 in compliance with the requirements of the international conventions, including OPRC Convention. The structure and the contents of this Plan are developed in accordance with the IMO' Manual on Oil Pollution, Section II Contingency Planning, London, 1995.

10.30 The audit team has noticed that at present NCP is under revision for updating and including new governmental entity, Ministry of Emergency Situation.

10.31 The Plan is a basic document that ensures the coordination and actions of the different responsible institutions and organizations for the purposes of oil spill response and minimization of the ecological and economical consequences.

10.32 BMA does not have its own oil spill response equipment. In accordance with the National Contingency Plan for combating with oil spills, BMA is the lead agency for response. The Directors of the regional directorates of BMA in Varna and Bourgas are responsible for the organization and the local response actions and co-ordination of the deployment of the required resources (on-scene commander). The available oil spill response equipment and resources under area of jurisdiction of the regional directorates of Varna and Bourgas are updated each year by Order of the Regional Governor. This order concerns management, resources, forces and action of the Maritime Emergency Rescue Squadron. 10.33 It was established during the audit that there is no single entity that monitors and evaluates all coastal State activities mentioned above. 11 Conclusions Areas of positive development 11.1 The State maintains an effective port State control programme. 11.2 The one reception facility visited at Varna has a modern plant and is capable of handling waste oil, garbage and sewage. 11.3 BMA personnel are dedicated and devoted to achieve conformity with the requirements of the mandatory IMO instruments with available resources. 11.4 BMA maintains a quality management system certified to ISO 9001:2000. 11.5 Pollution prevention inspectors at regional directorates of BMA are well trained to discharge their duties properly. Areas for further development 11.6 National FSI training program should be organized in Bulgaria in order to update knowledge of all stake holders involved in the State maritime activities. 11.7 The Ministry of Transport should develop a strategy to meet the objective of the mandatory IMO instruments and establish an effective system to review and verify activities of BMA.

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11.8 Additional qualified staff should be provided to the accident investigating unit in order to carry out investigations promptly. 11.9 It is recommended to provide additional, properly qualified staff at BMA’s head office and its regional offices for effective implementation of the mandatory IMO instruments. Some of the audit findings could be due to lack of resources including manpower. A study should be done to identify areas where an increase in resources could contribute to improvement. 11.10 Review of trends and statistical data for the merchant fleet would improve oversight and understanding of strategies to improve the performance of the fleet. 11.11 Since instructions are forwarded in national language and the responsibility of translations lies with individual ROs. There could be inconsistencies on the application by ROs of specific instructions. 11.12 Assessments procedure should be adopted to determine trend analysis to ensure that reception facilities under the MARPOL Convention remain adequate for future demands. 11.13 The legislative and regulatory processes could be refined to avoid delay in the timely transposition of some amendments to the mandatory IMO instruments. Also the effectiveness of current procedures should be revisited to ensure that the tacit amendments to the instruments are fully implemented. 11.14 Review the current follow up arrangements to ensure the timely examination of national ships detained by port States. 11.15 A control and monitoring procedure should be developed and implemented in order to provide for the collection of statistical data so that trend analyses can be conducted to identify problem area, and provide a timely response to deficiencies and alleged pollution incidents by Bulgarian ships as reported by port and coastal States. 11.16 Procedures should be developed to apply the vague expression “to the satisfaction of the Administration” as contained in the various mandatory IMO instruments. 11.17 BMA should document its evaluation and review process of organizational objectives in a more formal manner to improve its ability to assess the overall performance, which will assist them to improve the delivery of its flag State responsibilities. 11.18 Effective communication systems between all stake holders responsible for the mandatory IMO instruments should be developed to ensure promulgated policies or standards are implemented consistently. 11.19 Hydrographic facilities at the Bulgarian Navy should be upgraded and the appropriate officials should be trained to carry out better hydrographic services. Annexes

1. Organigram of BMA 2. Audit time table. 3. Audit plan

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4. Agenda for the opening meeting 5. List of participant at the opening meeting. 6. Agenda for the closing meeting 7. Findings

Observations

OB-01 OB-02 OB-03 OB-04 OB-05 OB-06 OB-07

Nonconformities

NC-01 NC-02 NC-03 NC-04 NC-05 NC-06

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Annex 1

Executive Director

Deputy Executive Director (Ports)

Chief Secretary

4 Directorates „Port

Administration” – Varna, Bourgas,

Rousse, Lom

Directorate „Quality

Management and Inspections”

Directorate „European Union,

International Relations and

Projects”

Directorate „Administrative,

legal, financial and accounting activities”

4 Directorates „Maritime

Administration” – Varna, Bourgas,

Rousse, Lom

Directorate „Search and

Rescue”

Deputy Executive Director (Shipping)

Department „Ports”

Department „Ships”

Department „Seafarers”

Department „Projects”

Department „EU and Bilateral

Cooperation”

Department „International Organizations”

Marine Search and Rescue

Coordination Centre

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Department „Survey, Certification

and Registration of Ships and

Shipowners”

Department „Economy of

Maritime Administration”

Directorate

„Maritime Administration” Varna / Bourgas

Department „Qualification and

Certification of Seafarers”

Department „Control and

Protection of Marine Environment”

Sector „Small Ships”

Sector „Big Ships”

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Department „Survey, Certification

and Registration of Ships”

Department „Economy of

Maritime Administration”

Department „Port Control”

Department „Qualification and

Registration of Seafarers”

Sector „Registration of

Ships and Survey of Small Ships”

Sector „Survey of Big

Ships”

Directorate

„Maritime Administration” Rousse

Sector „Survey of Big

Ships”

Sector „Control of Ships in

Ports and Communications”

Department „Navigation

Control along the Navigation Route”

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Department „Flag

Administration”

Department „Navigation Control along the Navigation

Route”

Department „Control of Ships in

Ports and Communications”

Directorate

„Maritime Administration” Lom

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Audit Timetable Annex 2

Date

Time

Audit Activity

Auditors/Location

Organization

Person/s to participate in meetings and/or to be audited

Day 1 10.11.08. Mon Sofia

0900-0945 0945-1000 1000-1100 1100-1230 1230-1330 1330-1500 1500-1515 1515-1700

Opening Meeting Coffee break Overall Strategy of the Ministry of Transport in respect of Maritime Administration, continues review, verification of effectiveness and performance - Promulgation of Laws - Legal basis for enforcement of IMO instruments through national laws - Record Keeping Lunch Implementation of Strategy by BMA and their reviews and performance Coffee break SOLAS- Review, legislation, interpretation, enforcement etc.

All Auditors All Auditors All Auditors All Auditors All Auditors

All auditors/MOT/BMA and other relevant officials MOT / BMA MOT& BMA BMA BMA

Daniela Nikiforova, Deputy Minister of Transport, to be confirmed (tbc) Capt. Nikolay Apostolov, Executive Director, BMA Petar Kirov, Deputy Executive Director, BMA Dimitar Savov, Director, Dir. “Transport Policy”, MT, (tbc) Krassimira Stoyanova, Director, Ligal Directorate, MT, (tbc) Russi Ivanov, Director, Dir. “EU Matters Coordination & International Cooperation”, (tbc) Sergei Tzarnakliiski, Chief Secretary of BMA, (tbc) Capt. Petar Petrov, Director of Dir. “Quality Management and Inspections”, BMA Iliana Hristova, Senior Expert, BMA Dimitar Savov, Director, Dir. “Transport Policy”, MT, (tbc) Krassimira Stoyanova, Director, Ligal Directorate, MT, (tbc) Petar Kirov, Deputy Executive Director of IAMA Capt. Nikolay Apostolov, Executive Director, BMA Capt. Petar Petrov, Director of Dir. “Quality Management and Inspections”, BMA

Auditor 1 -Mr Leslie Hemachandra (ATL), 2. Mr. Kyriacos Aliouris (Member) 3. Mr Tadeusz Jan Wojtasik (Member) 4. Mr. I gor Sabrin (Observer)

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Audit Timetable

Date

Time

Audit Activity

Auditors/Location

Organization

Person/s to be audited

Day 2 11.11.08. Tue Sofia

0900-1030 1030-1100 1100-1230 1230-1330 1330-1430

MARPOL- Legislation, interpretation, regulation, enforcement, reception facilities Load Line- Interpretation, regulations, enforcement and instruction Aid to Navigation, implementation policy and performance review Coffee Break Recruitment and Training of Surveyors Plan & equipment approval Tonnage Convention- Legislation & interpretation. Lunch SAR Legislation, Policy and performance. Dangerous cargo- Policies/ Implementation, enforcement STCW related work/Safe Manning

Auditor 1 Auditor 2 Auditor 3 + Observer Auditor 1 Auditor 2 + Observer Auditor 3 Auditor 1+ Observer Auditor 2 Auditor 3

BMA BMA BMA BMA BMA BMA BMA BMA BMA

To be nominated Petar Nakov, Senior Inspector, Dir. “Quality Management and Inspections”, BMA capt. Ivan Ignatov, Senior Inspector, Dir. “Quality Management Chavdar Krastev, Senior Inspector, Dir. “Quality Management and Inspections”, BMA To be nominated Petar Nakov, Senior Inspector, Dir. “Quality Management and Inspections”, BMA Petar Ivanov, Senior Inspector, Dir. “Quality Management and Inspections”, BMA To be nominated naval architect Spaska Georgieva, Sebior Inspector, Dir. “Quality Management and Inspections”, BMA

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Audit Timetable

Date

Time

Audit Activity

Auditors/Location

Organization

Person/s to be audited

Day 2 11.11.08. Tue Sofia

1430-1500 1500-1630 1630-1700 1500-1730 1500-1600 1600-1700

Coffee Break RO’s ,Monitoring of ROs and performance review Hydrographic services- legislation, performance review, improvement and monitoring by BMA Flag State Inspection, implementation policy, surveys, performance review. PSC Inspection, implementation policy, performance review. BMA’s Casualty Investigation - Implementation policy/Trend analysis/Lesson learned/performance review and Reporting to IMO coordination with MOT COLREG- Legislation, implementation, enforcement etc..

Auditor 2 Auditor 2 Auditor 1+ Observer Auditor 3 Auditor 3

BMA BMA BMA BMA BMA

Capt. Petar Petrov, Director of Dir. “Quality Management and Inspections”, BMA Petar Ivanov, Senior Inspector, Dir. “Quality Management and Inspections”, BMA Chavdar Krastev, Senior Inspector, Dir. “Quality Management and Inspections”, BMA To be nominated capt. Ivan Ignatov, Senior Inspector, Dir. “Quality Management

Auditor 1 and 2 fly to Varna and Auditor 3 and the observer will fly to Bourgas after 1700 hours on day two

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Date

Time

Audit Activity

Auditors/Location Organization

Person/s to be audited

Day 3 12.11.08. Wed Varna Bourgas

0900-1000 1000-1015 1015-1230 1015-1115 1115-1230 1230-1330 1330-1500 1500-1515 1515-1700

Regional Directorate BMA- General supervision, Record keeping Coffee break PSC inspection, planning, follow up and performance, enforcement and Training Casualty investigation- Regional coordination Navigational aids – regional coordination Lunch MARPOL- Implementation SOLAS- Implementation Coffee break VTS Centre

Varna-Auditor 1 & 2 Bourgas Auditor 3 Varna -Auditor 2 Bourgas- Auditor 3 Varna- auditor 1 Varma- Auditor 1 Varna Auditor 1 Bourgas- Auditor 3 Varna Auditor 2 Varna-Auditor 1

BMA BMA BMA BMA BMA BMA VTIMS

DMA Varna Capt. Bogan Bogdanov, Director and Harbour Master Capt. Boris Kovachev, Head of Department (PSC & FSC, SOLAS, TONNAGE, LL) Capt. Alexander Parvanov, Head of Dept. (STCW) Mr. Georgi Balashov (MARPOL) Mr. Plamen Bonev (SAR) Capt.Yordan Stankov, Chief Inspector (Dangerous Goods) DMA Bourgas Capt. Jivko Petrov, Director and Harbour Master Capt. Jelio Valkov, Head of Department (PSC & FSC, SOLAS, TONNAGE, LL) Mrs. Zoia Ivanova, Head of Department (STCW) Mrs. Daria Kostova, Senior inspector (MARPOL) naval architect Yanko Chervenkov, Chief Inspector (Dangerous Goods) Other staff members from both directorates if needed – to be appointed at place. Zlatko Kuzmanov, Director of Directorate VTMIS, State Company Port Infrastructure

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1515-1700

Marine Radio Communication/ SOLAS CH. IV requirements Dangerous Cargo

Varna-Auditor 2 Bourgas-Auditor 3

VTIMS BMA BMA

ing. Peyo Petlev/ing. Gergana Dalgycheva DITTO

Audit Timetable

Date

Time

Audit Activity

Auditors/Location

Organization

Person/s to be audited

Day 4 13.11.08. Thu Varna Bourgas

0900-1030 0900-1030 1030-1045 1045-1230 1045- 1230 1230-1330 1330-1430 1330-1700

Pollution Prevention – Reception Facilities SAR Activities and coordination/NAVTEX Coffee Break Flag State Inspection, planning, follow up and performance, enforcement & Training Meteorological information and broadcasting Lunch STCW Auditor 3 and the observer will travel back to Sofia after 1430 Hydrographic Services

Varna- Auditor 1 Bourgas-Auditor 3 Varna- Auditor 2 Varma- Auditor 1 Bourgas-Auditor 3 Varma- Auditor 2 Bourgas- auditor 3 Auditor 1 and 2

Bulgarian Ports Infrastructure Company BMA BMA National Institute of Meteorology BMA Hydrographic Services division of the Bulgarian Navy

To be nominated To be nominated capt. Boris Kovachev capt. Zelyo Valkov Mrs. Radoslava Maniarova, Director Mrs. Zoia Ivanova Capt. Milen Dimitrov, Head of Hydrographic Services

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Audit Timetable

Date Time

Audit Activity

Auditors/Location

Organization

Person/s to be audited

Day 5 14.11.08. Thu Sofia Varna

0900-1000 1000-1015 1015-1100 1015-1230 1230-1330 1330-1430 1530-1630 1630

Dangerous cargo- implementation, record keeping Surveyor’s coordination with the head office IMO reporting and record keeping at BMA Coffee break Any other VIMSA issues FS investigation- Ministry of transport, Coordination with BMA and reporting Auditor 1 and 2 will fly back to Sofia after 11 AM Lunch Break Navigational aids- BMA coordination and monitoring Auditors meeting Discussion with CPC

Varna- Auditor 1 Varna- Auditor 2 Sofia-Auditor 3 Varma- auditor 1 &2 Sofia- Auditor 3 (for auditor 3) Sofia- Auditor 3 All auditors All Auditors

BMA BMA BMA BMA MOT BMA

Capt.Yordan Stankov, Chief Inspector (Dangerous Goods)

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Audit Timetable

Date Time

Audit Activity

Auditors/Location

Organization

Person/s to be audited

Day 6 17. 11.08. Mon Sofia

0900-0930 0930-1200

Discussion with CPC Closing Meeting and Presentation of the findings/ Draft Interim Report

All auditors

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Annex 3 Audit Plan – REPUBLIC OF BULGARIA

I. The locations where the audit are to take place: Ministry of Transport (MOT)

Bulgarian Maritime Administration (BMA) Head office and regional offices Bulgarian Ports Infrastructure Company National Institute of Meteorology Hydrographic Services division of the Bulgarian Navy

II. The scope, objectives of the Audit:

The Scope of the audit will address flag, port and coastal State obligations of the Republic of Bulgaria

The objectives of the audit are:

.1 to determine the extent the Bulgaria met the obligations imposed upon it

through its adoption of the applicable Mandatory IMO Instruments, and

.2 the effectiveness of the implementation of these objectives.

III. The starting and ending dates of the audit, including opening and closing meeting:

Audit period; 10–17 November 2008 Opening meeting – 10th November; and Closing meeting – 17th November

IV. The names of the participants in the audit, both the auditors and key personnel

from the Member State to be audited, including a person designated by the Member State as the central point of contact between the Member State and the audit team:

Audit team: Leslie Hemachandra - Sri Lanka (Audit Team Leader), ), 2. Mr. Kyriacos Aliouris- Cyprus (Member) 3. Mr. Tadeusz Jan Wojtasik- Poland (Member) 4. Mr. I Sibrin – Ukraine (Observer) Central Point of Contact: Ms Iliana Hristova Audited personnel:

Capt. Nikolay Apostolov, Executive Director, BMA Mr Petar Kirov, Deputy Executive Director, BMA

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Mr Dimitar Savov, Director, Dir. “Transport Policy”, MT, (tbc) Mr Krassimira Stoyanova, Director, Ligal Directorate, MT, (tbc) Mr Russi Ivanov, Director, Dir. “EU Matters Coordination & International Cooperation”, (tbc) Mr Sergei Tzarnakliiski, Chief Secretary of BMA, (tbc) Capt. Petar Petrov, Director of Dir. “Quality Management and Inspections”, BMA Ms Iliana Hristova, Senior Expert, BMA Mr Petar Nakov, Senior Inspector, Dir. “Quality Management and Inspections”, BMA Capt. Ivan Ignatov, Senior Inspector, Dir. “Quality Management Mr Chavdar Krastev, Senior Inspector, Dir. “Quality Management and Inspections”, BMA Mr Petar Ivanov, Senior Inspector, Dir. “Quality Management and Inspections”, BMA Naval architect Spaska Georgieva, Sebior Inspector, Dir. “Quality Management and Inspections”, BMA Capt. Bogan Bogdanov, Director and Harbour Master Capt. Boris Kovachev, Head of Department (PSC & FSC, SOLAS, TONNAGE, LL) Capt. Alexander Parvanov, Head of Dept. (STCW) Mr. Georgi Balashov (MARPOL) Mr. Plamen Bonev (SAR) Capt.Yordan Stankov, Chief Inspector (Dangerous Goods) Capt. Jivko Petrov, Director and Harbour Master Capt. Jelio Valkov, Head of Department (PSC & FSC, SOLAS, TONNAGE, LL) Mrs. Zoia Ivanova, Head of Department (STCW) Mrs. Daria Kostova, Senior inspector (MARPOL) Naval architect Yanko Chervenkov, Chief Inspector (Dangerous Goods)

Mr Zlatko Kuzmanov, Director of Directorate VTMIS, State Company Port Infrastructure Eng. Peyo Petlev/ing. Gergana Dalgycheva Capt. Boris Kovachev Capt. Zelyo Valkov Mrs. Radoslava Maniarova, Director (National Institute of Meteorology) Mrs. Zoia Ivanova Capt. Milen Dimitrov, Head of Hydrographic Services Capt.Yordan Stankov, Chief Inspector (Dangerous Goods)

Other staff members from both directorates if needed – to be appointed at place.

(Above list is prepared in line with the Audit time table and not according to the seniority of the officials)

V. Identification of documents necessary to conduct the audit:

• Pre-audit questionnaire • Annexes to the questionnaire • Relevant national legislation • Supporting documents and records • Other information obtained through the web site of BMA

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VI. Tentative programme of the audit activities:

i. brief review of information provided in the pre-audit questionnaire,

including general areas to be covered:

The main governmental bodies with responsibilities covered in the questionnaire are: Ministry of Transport, Bulgarian Maritime Administration, Bulgarian Port Infrastructure Company, National Institute of Meteorology, Hydrographic Services Division of the Bulgarian Navy and other relevant Government organizations of Bulgaria The State has obligations on Port State and Coastal State activities. The State is party to all mandatory IMO instruments listed in the Code for the implementation of mandatory IMO instruments. The State has authorized five ROs to act on its behalf, all of them are having written agreement with BMA

ii. arrangements for transposing ratified conventions and subsequent amendments into national legislation:

Most of the regulations are included on the CD provided.

iii. implementation arrangements, including responsibilities, delegation and

verification:

Detailed information can be found in the Questionnaire.

iv. implementation and enforcement arrangements:

Responsibilities for enforcement rest with the various relevant divisions of BMA.

v. reporting arrangements, self-assessment and review of performance:

Reporting is carried out according to defined procedures. Ultimate responsibility of the performance of the Bulgarian Maritime Administration rests with the Ministry of Transport (MOT). The MOT delegated implementation authority to Bulgarian Maritime Authority (BMA)

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The BMA examines PSC/FSI inspection data and casualty statistics to review the performance of Bulgaria and analyses the data to evaluate and review t to promote continuous improvement. Detailed information is found in the Questionnaire.

VII. Travel and administration plans (entry visas, security clearances, health requirements, etc.), as well as the travel schedules of the audit team members:

Travel arrangements to/from Bulgaria have been made by IMO. Domestic travel plans are included in the detailed time table and theses are arranged by BMA.

VIII. The language to be used for the audit and the audit briefing preparation material

for team members:

English

IX. Assignments and responsibilities of the audit team members:

Assignments are presented in the detailed time table for the Audit.

X. Scope of the audit team leader’s mission report.

The audit team leader will prepare a separate report describing the conduct of the audit, positive elements and difficulties encountered and proposals to improve the planning and conduct of audits. The audit team leader’s mission report provides feedback on the conduct of the audit from planning to completion. The mission report is an integral part of the quality assurance programme for the audit scheme and will be used by the Secretary-General to improve audit planning.

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Annex 4 IMO VOLUNTARY MEMBER STATE AUDIT SCHEME

AUDIT OF BULGARIA - 10 to 17 NOVEMBER

AGENDA - OPENING MEETING

0900 - 10 NOVEMBER 2008

1. Introduction of the participants

2. Background, history and purpose of the audit

3. Review and confirmation of the provisional audit programme

4. Methods and procedures to be used in conducting the audit

5. Official communication links between the audit team and the Member States officials

6. Facilities and administrative arrangements

7. Time, date and place of the closing meeting and any interim meetings

8. Procedures for documenting audit findings

9. Confidentiality of findings and report

10. Any other business

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Annex 5

LIST OF PARTICIPANTS AT THE OPENING MEETING _

1. Ms. Daniela Nikiforova, Deputy Minister of Transport 2. Capt. Nikolay Apostolov, Executive Director of the Bulgarian Maritime

Administration (BMA) 3. Mr. Petar Kirov, Deputy Executive Director of the Bulgarian Maritime

Administration (BMA) 4. Mr. Dimitar Savov, Direcor of National Transport Policy Directorate, Ministry of

Transport (MT) 5. Mr. Russi Ivanov, Director of Coordination on the Questions of the European Union

and International Cooperation Directorate, MT 6. Capt. Pamukchiev, Head of Maritime Accident Investigation, Director of

Directorate for Aircraft Maritime and Railway Accident Investigation, МТ 7. Mr. Boris Danailov, Senior Expert, Legal directorate, МТ 8. Capt. Petar Petrov, Director of Quality Management and Inspections Directorate,

BMA 9. Ms. Iliana Hristova, Senior Expert, European Union, International Relations and

Projects Directorate, BMA.

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Annex 6 IMO VOLUNTARY MEMBER STATE AUDIT SCHEME

AUDIT OF BULGARIA - 10 to 17 NOVEMBER

AGENDA - CLOSING MEETING 0930- 17 NOVEMBER 2008 • Information on the audit including information on visits to regional offices

and other involved organizational elements;

• Presentation of observations and non-conformities included in the draft audit interim report;

• Actions to be taken by the Republic of Bulgaria following the audit;

• Time frame for response, corrective action plan, final and summary reports;

and

• Any other business