o plovidbi i lukama...  · Web viewLAW . AMENDING THE LAW ON NAVIGATION AND PORTS ON INLAND WATER. S. Article 1. The Law on Navigation and Ports on Inland Waters ("Official Gazette

LAW AMENDING THE LAW ON NAVIGATION AND PORTS ON INLAND WATERS

Article 1

The Law on Navigation and Ports on Inland Waters ("Official Gazette of the Republic of Serbia", nos. 73/10, 121/12, 18/15, 96/15 - other law, 92/16 and 104/16 - other law), in Article 4 after item 1 items 1a and 1b shall be added to read as follows:"1a) The AtoN Waterway Labelling System is a system used to monitor the standard waterway labelling system by navigational buoys and to provide information on the navigable path to participants in navigation, and consists of AIS AtoN transponders embedded in navigation buoys, the central server segment which manages the operation of the system through appropriate software applications, as well as software applications that provide usage of appropriate services to the Directorate for Inland Waterways and navigation participants;1b) Dredging is the excavation of the river bed deposits in order to maintain the port water area or access navigable waterway to the port, i.e. to fulfil the prescribed waterway outside dimensions depending on the established waterway category;“After the item 9 item 9a shall be added to read as follows:"9a) bunker stations for the supply of ships with fuels is the facility of port infrastructure, that is, the port terminal where the supply of liquid fuel is carried out, consisting of facilities and installations on land (hereinafter: bunker stationary station) or floating object for supplying ships with fuel with associated installation (hereinafter: bunker pontoon station, or bunker stations for supply from a tank vehicle), or from a floating facility for the supply of ships with fuel with accompanying facilities on land, with installed supply unit, associated reservoirs, pipelines with equipment, devices and installations, transport unit, measuring instruments and other appropriate devices, equipment and installations for the supply of ships with fuel and which form a technical and technological unit (hereinafter: bunker floating station), whose operation requires approval for carrying out port activity;"After item 12 item 12a shall be added to read as follows:"12a) Time of rest is the time outside working hours and includes the rest period on board of the vessel on the move, on an anchored or moored vessel, as well as on land, and does not include short breaks of up to 15 minutes;".After item 13 item 13a shall be added to read as follows:"13a) day of rest shall be a continuous rest period of 24 hours, which a crew member shall spend in a freely chosen place;"After item 16 item 16a shall be added to read as follows:"16a) The ES-TRIN standard is a European standard setting out technical rules for inland navigation vessels; “After item 18 item 18a shall be added to read as follows:"18a) Infrastructure for the transhipment of alternative fuels is a movable or immovable port infrastructure that allows the supply of ships in ports at docks with propulsion power from sources such as electricity, hydrogen, biofuels, synthetic and paraffin fuels, natural gas, including biomethane gas form (compressed natural gas and liquid natural gas), as well as liquefied petroleum gas that serves, at least partially, as a substitute for sources of supply of traffic by propulsion power

from fossil fuels and which have the potential to contribute to carbon reduction, thereby contributing to the reduction of the negative impact on the environment in the transport sector;"

After item 26, item 26a shall be added to read as follows:"26a) port land is a built construction land owned by the Republic of Serbia on which port

constructions and facilities used for carrying out port activity are built, as well as construction land with no buildings owned by the Republic of Serbia which may be used for carrying out port activity, which is covered by the port area determined in accordance with the provisions of this Law; ".

In item 27 after the word: "persons" a full stop shall be added and the wording shall be added as follows: "The port area includes port land, as well as water surface parcels where the right of easement for the construction of port infrastructure is established in accordance with the provisions of this law and the law governing waters;”

After item 30 items 30a and 30b shall be added to read as follows:"30a) mobile worker is any worker who is, as a member of the ship's crew, employed in the

service of a company registered and engaged in the transport of goods or passengers in inland navigation;

30b) night work is a work within a time period from 11.00pm to 06.00 am;”After item 38 item 38a shall be added to read as follows:"38a) floating object for boarding and unloading of passengers or supplying boats with fuel is

a part of the port infrastructure used for boarding and landing of passengers within the designated port area, or for supplying boats with propulsion fuel in accordance with the provisions of this law or the boarding and landing of passengers in domestic liner navigation in accordance with the provisions of the law governing commercial navigation, and consists of vessels without their own propulsion (a pontoon or a ship that has altered its purpose into a floating object) which is tied to piles by guides, which are grounded deep in aquatic land for which the Authority for Determination of the Seaworthiness exercises a technical inspection in relation to the vessel , and the Directorate for Inland Waterways issues the conditions for building, as well as the consent to the pile-building project that necessarily contains the estimate, i.e. testing the overall stability of the structure to wind, waves, crash of the vessel and the impact of ice, based on geodetic and geologic study, as well as hydraulic and hydrological and seismic condition on the given location. For setting up piles for the purpose of placing a floating object, the competent public water management company issues water conditions under the law governing waters, independent of the process of a consolidated procedure. The installation and use of a floating object for boarding and landing of passengers or supplying the vessels by fuel is not mandatory for obtaining a construction or utilization permit under the law governing planning and construction; "

After item 42, item 42a shall be added to read as follows:"42a) a boat mooring facility is equipped to accommodate and guard the boats, consisting of

buoys used for mooring or of a pontoon to which boats are moored;"After item 44 item 44a shall be added to reads as follows:"44a) berth is a part of the port infrastructure intended for the loading and unloading of

goods and passengers within the designated port area and represents a building in terms of the law governing the planning and construction, consisting of a facility constructed of reinforced floating concrete, shipbuilding steel or other appropriate construction materials, which connected to the piles by guides, i.e. dolphins, which are deeply grounded in aquatic land and together make a functional entity. An access bridge is also an integral part of the berth, which, depending on the available depth of the access waterway, links with the piles by guides. The berth may also consist of

piles, i.e. dolphins, which are deeply grounded in aquatic land, along which ships draw in for the transhipment of goods which are loaded and unloaded using the appropriate transhipment machinery placed on the supporting elements between the piles; ".

After item 47 items 47a and 47b are added to read as follows: "47a) Working time is the time during which a crew member, in accordance with the

instructions of the employer or his/her agent, works on a vessel, with a vessel or besides a vessel, during which he/she is deployed for work or must be ready for duty (on duty);

47b) work schedule is the plan of working days and days of rest, with which the employer has introduced the crew member in advance; “After item 54 item 54a shall be added to read as follows:"54a) season shall be a period of no more than nine successive months within the 12-month period during which the activity is due to external conditions, such as weather conditions or tourist demand, related to a certain part of the year;".After item 72a items 72b and 72c shall be added to read as follows:"72b) crew member working at night is:1) Crew member who normally works at least three hours of his regular working hours during the night;2) Crew member who, if necessary, during the night, works a certain part of his/her working hours, as determined by this law, or by a collective agreement or agreement concluded by the social partners at the national or regional level;72c) Crew member who works in shifts is a member of the crew who works according to the shift schedule; “Paragraph 2 shall be added to read as follows "All terms denoting positions, professions, or occupations, expressed in grammatically masculine terms in this law, shall mean the natural masculine or feminine gender of the persons they refer to."

Article 2

In Article 13, paragraph 1, item 7, after the word: "roads", the wording "and management of AtoN system of labelling waterways" shall be added.After paragraph 7, paragraph 8 shall be added to read:"Maintenance of the prescribed technical characteristics of the waterway referred to in paragraph 1, item 1 of this Article which is performed by dredging, and also the preparation of the winter plan for the beginning of the winter period, shall be performed by the Directorate for Inland Waterways as a seasonal activity."

Article 3

In Article 17, paragraph 1, item 4, after the wording: "(RIS)", the wording "and AtoN system of marking waterways" shall be added.In paragraph 2, item 1, the wording: "the conditions referred to in Article 37, paragraph 1" shall be replaced by the wording: "conditions and consent referred to in Article 37, paragraphs 1 and 6 ".

Article 4Article 18 shall be amended to read as follows:

"Article 18

The Directorate may provide services related to the development of project documentation, labelling of obstacles and facilities on the waterway and carrying out hydrographical recording for the commercial needs of the users.The users referred to in paragraph 1 of this Article shall bear the costs of the republic administrative fee for the provision of services referred to in paragraph 1 of this Article.The Minister shall prescribe more precisely the types of services related to the development of project documentation, labelling obstacles and facilities on the waterway and hydrographical recording for the commercial needs of the users. "

Article 5In Article 37, paragraph 1, the wording: "berths on piles," shall be omitted.

Article 6

In Article 37a, paragraph 1, after the word: "wharfs", the wording "or berths" shall be added.

Article 7

In Article 38, paragraph 1, the wording "berths on piles and laying floating objects" are replaced with the wording: " laying floating objects, floating objects for supplying boats with fuels and moorings for boats, as well as the conditions and method of placing floating structures and mooring for boats,".Paragraph 2 shall be amended to read as follows:"For regulations and other general acts adopted by the competent local self-government bodies regulating the matter referred to in paragraph 1 of this Article, as well as the plan for placing floating objects, floating objects for supplying boats with fuel and moors for boats, approval shall first be obtained by the ministry and the authorized legal entity for technical maintenance of state waterways, or an authorized legal entity for the technical maintenance of state waterways in the territory of the autonomous province. "

In paragraph 4, the wording: "berths for boarding and unloading of passengers as part of the port suprastructure" shall be replaced by the wording: "floating object for boarding and landing of passengers as part of port infrastructure". In paragraph 5, the wording: "berths for boarding and landing of passengers" shall be replaced by the wording: "floating object for boarding and landing of passengers".Paragraph 6 shall be added as follows: "A public water management company concludes a contract for the rent of aquatic land used for the purpose of placing floating objects and moors for boats, by direct agreement with persons who, by the appropriate act of the local self-government unit, acquired the right to install these facilities in accordance with the regulation and other general act from paragraph 2 of this Article."

Article 8In Article 39, paragraph 1, the wording: "port authorities" shall be replaced by the wording: "safety navigation inspector".

Article 9

In Article 49, item 2, after the words: "port authority", the wording "and safety navigation inspector" shall be added.

Article 10

In Article 86, the wording ``controlling and extraordinary“ shall be replaced with the wording "extraordinary and voluntary".

Article 11

In Article 87, paragraph 1, item 3, after the word: "repair", the wording "or correction" shall be added. In paragraph 2, the wording: "by Article 104, paragraphs 1, 3 and 4 of this law has recognized the Testimony of the Community "shall be replaced by the wording: "by Article 104 paragraph 3 of this law has recognized the Union Inland Navigation Certificate".

Article 12

In Article 88, after the word: "rules" the comma and the wording: "and the inspection checks the proper maintenance of the ship" shall be deleted.

Paragraph 2 shall be added to read as follows:"Ships to which the Authority recognized, under Article 104 paragraph 3 of this Law, the Inland Navigation Union Certificate issued by the competent authority of a Member State of the European Union in accordance with the European Union regulation governing technical requirements for inland vessels navigation, i.e. certificate of seaworthiness, i.e. the document issued in accordance with the regulations of the Central Commission for the Navigation on the Rhine, upon the expiry of the validity period of these documents, shall be subject to the obligation of regular inspection."

Article 13

In Article 89, paragraph 1, item 1 the wording: "port authorities" shall be replaced by the wording: "safety navigation inspector".In item 2 the wording: "basic, regular or control" shall be replaced with the wording "basic or regular".In item 5 the wording: "and control" shall be omitted.Item 6 shall be omitted.Paragraph 2 shall be added as follows:"A voluntary examination shall be carried out at the request of the shipper between two regular ship examinations."

Article 14

In Article 90, paragraph 1 shall be amended to read as follows:

"Technical Rules shall contain in particular: 1) Boat navigation areas;

2) Definition of a valid ES-TRIN standard setting out minimum technical rules for inland waterway vessels navigating on inland waterways which belong to ship navigation zones 1, 2, 3 and 4;

3) Areas of possible additional technical rules applicable to vessels navigating in inland waterways of zones 1 and 2;

4) Areas of possible reductions in the technical rules applicable to vessels navigating on inland waterways of zones 3 and 4;

5) Instructions regulating more closely certain technical requirements covered by the Technical Rules;

6) Special technical requirements for the bunker stations bunker station for supplying ships with fuel, or floating objects for the supply of ships with fuel."

After paragraph 1, a new paragraph 2 shall be added, reading as follows:The applicable ES-TRIN standard laying down the minimum technical rules for inland water

vessels navigating on inland waterways belonging to the ships navigating zones 1, 2, 3 and 4 shall be published by the Authority in the Serbian language on its website."

After paragraph 2, which shall become paragraph 3, paragraph 4 shall be added and shall read:

"Government shall prescribe the categories of ship propulsion machines, the method and procedure for checking ship propulsion machines by the authority for the homologation of ship propulsion machines and other competent authorities, requirements regarding market placement, i.e., the prohibition or limitation of the market placement of ship propulsion machines, acting of manufacturer, manufacturer`s agent, importer, distributor and original equipment manufacturer, essential requirements in relation to the emission of exhaust gases for the homologation of a type of ship propulsion machines, procedures and implementation of homologation procedures, changes and validity of homologation of the type of propulsion machines, declaration of conformity and labelling of the ship propulsion machinery, exemptions, production and verification reports, protective clauses, as well as the appointment of and notification about technical services.”

Article 15

Article 90d shall be omitted.Article 16

Article 90g shall be omitted. Article 17

Article 90k shall be omitted.

Article 18

In Article 90l, paragraph 6 shall be omitted.

Article 19

Article 91 shall be amended to read as follows:"Article 91For the purpose of technical supervision of the inland navigation vessels, the shipper shall

bear the costs of the republic administrative fee. "Article 20

In Article 94, after the word: "Management" comma shall be inserted and the wording added: "i.e. a recognized classification society".

Article 21

Article 104 shall be amended to read as follows: „Article 91Ship books and documents, except for the Community inland navigation certificate, issued in

accordance with the regulations of the European Union Member States and the Central Commission for the Navigation of the Rhine (CCNR), and shall be recognized as issued in the Republic of Serbia.

Ship books and documents issued in accordance with the regulations of other countries shall be recognized under the conditions provided for by an agreement on mutual recognition concluded with the flag state of the ship.

Community inland navigation certificate issued in accordance with the regulations of European Union Member State shall be recognised according to the agreement on mutual recognition of ship documents establishing the seaworthiness of ships between the EU and the Republic of Serbia.

Article 22

After Article 106, paragraphs 106a-106g shall be added to read as follows:"Article 106aUpon expiry of the validity period, certificate on seaworthiness shall be renewed for the same validity period, after regular inspection is performed in order to determine the compliance of the ship with the Technical Rules. When renewing the certificate on seaworthiness, ships shall be liable to transitional provisions prescribed by the Technical Rules.

Exceptionally, the Authority may, in accordance with the provisions of the Technical Rules extend the validity of the seaworthiness certificate without performing technical inspection for a maximum of six months. An extension shall be entered in the seaworthiness certificate.Article 106bShip owner, i.e. ship operator shall report the disappearance of seaworthiness certificate to the Authority. Ship owner, i.e. ship operator shall report the disappearance of seaworthiness certificate

abroad to the nearest diplomatic or consular representation of the Republic of Serbia, and after returning to Republic of Serbia to the Authority. Ship owner is required to declare invalid the seaworthiness certificate in the "Official Gazette of the Republic of Serbia".The Authority shall issue, upon the request of the ship owner, i.e. ship operator, a new seaworthiness certificate. Validity period of the seaworthiness shall not be longer than the date of expiry of the lost seaworthiness certificate.

Article 106v

The Authority decision refusing or rejecting the application for issuing seaworthiness certificate or in the Authority decision refusing or rejecting application for renewing seaworthiness certificate shall include the reasons for issuing such decisions. The decision referred to in paragraph 1 of this Article is final in administrative procedure and an administrative dispute may be initiated against it with the administrative court within 30 days from the receipt of the decision.The Authority issues a decision on withdrawal of the valid seaworthiness certificate which it has issued or renewed if the ship is not more in compliance with the technical rules laid down in the seaworthiness certificate.

Article 106g

In the event of more significant repairs or corrections affecting the compliance of the ship with Technical rules in respect of their construction firmness, navigating, manipulation capacity and special characteristics, a technical inspection shall be performed for that ship before it continues navigation. After the technical inspection referred to in paragraph 1 of this Article, amendments shall be entered into the valid seaworthiness certificate with the aim of stating all the amended technical properties of the ship, or the respective seaworthiness certificate shall be withdrawn and new one issued. If the Authority enters the amendments into the seaworthiness certificate, i.e. if it withdraws it, under the paragraph 2 of this Article, and which has been issued by the authority of another country, it shall duly inform of this the issuer of this document within 30 days from the date of entering the amendments i.e. issuing new seaworthiness certificate.”

Article 23

Article 116 shall be amended to read as follows:

"Article 116

The Authority shall issue a provisional seaworthiness certificate:1) To a ship which, with the approval of the Authority, should travel to a specific location

for the purpose of carrying out a technical inspection and obtaining seaworthiness certificate;2) To a ship whose seaworthiness certificate has been lost, damaged or temporarily

withdrawn in accordance with the provisions of this law and Technical rules;

3) To a ship for which, after the technical inspection, the procedure for issuing seaworthiness certificate has commenced;

4) To a ship which does not meet the requirements laid down for obtaining the seaworthiness certificate under the Technical rules;

5) Floating objects in the event when the Authority has issued approval for performing special transport and under the conditions defined by the Authority. The Authority shall issue a provisional seaworthiness certificate after determining that the seaworthiness of the ship has been facilitated in an appropriate way and the basic requirements for navigational safety have been met.

Provisional seaworthiness certificate shall contain conditions determined by the Authority and shall be valid:

1) In the cases referred to in paragraph 1, items 1, 4 and 5 of this Article for one particular journey which must be performed within a certain period of time which exceed a month;

2) In the cases referred to in paragraph 1, items 2 and 3 of this Article during a specified period which cannot be longer than two months. "

Article 24

Article 117 shall be omitted.

Article 25

In the Article 119, the wording: “confirmed by annual control inspection” shall be omitted.

Article 26

In Article 120, paragraph 1 shall be omitted. Current paragraphs 2-4 shall become paragraphs 1-3. Paragraph 5 shall be omitted.

Article 27

After Article 120 Article 120а shall be added to read as follows:

“Article 120а The Authority shall enter the following in the European Hull Data Base (hereinafter: EHDB):

1) Data identifying and describing the vessel in accordance with the provisions of this Law and the Technical Rules; 2) Data on the issued, renewed, replaced and withdrawn seaworthiness certificates, as well as data on the Authority;3) Digital copies of the issued seaworthiness certificates; 4) Data on the refused or rejected applications for issuing seaworthiness certificates, and on the applications for issuing seaworthiness certificates in the procedure of consideration, under the provisions of this law and Technical Rules; 5) All amendments of data referred to in items 1 - 4 of this Article. The Authority transfers data to EHDB, i.e. third country or international organization in accordance with the regulations governing data protection.”

Article 28

In Article 124, paragraphs 2 and 3 shall be added to read:"If boats without their own engines, which are not longer than three meters, pedal boats, water bikes, boards and similar vessels are used to perform commercial activities, the owner of the company, i.e. the entrepreneur using these vessels to performing business activity shall, besides the conditions referred to in Article 123, paragraph 1, items 1 and 2 of this law, ensure that any person boarding on these vessels shall have a life jacket, and undertake other measures for the safety of those persons as designated port authorities.Company owner, i.e. entrepreneur from paragraph 2 of this Article, shall ensure that the vessel from paragraph 2 of this Article is used exclusively outside the navigable waterway.“

Article 29

In Article 130, after paragraph 1, paragraphs 2-5 shall be added, which read as follows:"Only a person older than 16 may be boarded as a crew member.Notwithstanding paragraph 2 of this Article, employment for ship-related jobs shall not be permitted for persons under the age of 18 if the performance of ship-related jobs by such persons could endanger their health or safety in accordance with the relevant international industry and internal standards.A crew member under the age of 18 shall not work at night.The rights and obligations arising from employment which are not regulated by this law the provisions of the law governing employment affairs shall be applied accordingly."

Article 30

After Article 130, the name and articles 130а-130i shall be added, reading as follows:"Working hours of crew membersArticle 130aThe regular working hours of the crew member are eight hours per working day.The maximum crew member's working time shall not last longer than:1) 14 hours in any period within 24 hours;2) 84 hours in any period within seven days.

If the work schedule envisages more working days than days off, within a period of four months the average weekly working time of 72 hours shall not be exceeded. Working hours in accordance with paragraphs 1-3 of this Article may be extended if within a period of 12 months (hereinafter: reference period) the average of 48 hours per week is not exceeded.Maximum working hours in the reference period is 2.304 hours, whereas the basis for calculation of 52 weeks is reduced by at least four weeks of absence multiplied by 48 hours.Approved periods of paid annual leave, as well as periods of sick leave, shall not be taken into account or shall be neutral.Right to the time for rest on account of bank holidays shall be further reduced.

For employment shorter than the reference period, when calculating the longest working hours, the starting point shall be the calculation according to the time spent at work (pro-rata-temporis).

Working days and days off

Article 130b

Crew member may work 31 successive days at most. If the work schedule envisages more working days than the days off, the minimum number of successive days off immediately after successive working days shall be determined as follows:1) From 1 to 10 successive working days: 0.2 days off for each successive working day; 2) From 11 to 20 successive working days: 0.3 days off for each successive working day;3) From 21 to 31 successive working days: 0.4 days off for each successive working day.

Proportional days off shall be added to the calculation referred to in paragraph 2 of this Article, the smallest number of successive days off and shall be approved only as whole days.

If the work schedule envisages a maximum of equal number of working days to the number of days off, then the commander shall approve to a crew member such equal number of successive days off immediately after his engagement during the successive working days.

Out of the number of successive days off to be approved, exceptions may be made provided that:

1) Maximum number of 31 successive working days has not been exceeded;2) In accordance with paragraph 2, items 1 -3 of this article, the minimum number of successive days off is granted immediately after the successive working days;3) The extended or replaced period of working days within the reference period are made equal.

Seasonal work on passenger ships

Article 130v

Notwithstanding Article 130a and 130b of this law, in the event of seasonal work on passenger ships, maximum working hours of a crew member may not exceed: 1) 12 hours in any period of 24 hours; 2) 72 hours in any period of seven days.

Crew member is granted 0.2 days off after a working day.

At least two actual days off shall be approved within each period of 31 days, while the other days off shall be approved in accordance with the agreement between the employer and the crew member.

In accordance with paragraphs 2 and 3 of this Article and Article 130a paragraph 8 of this law, compensation for the days off, as well as adhering to the average working hours of 48 hours in accordance with Article 130a of this Law, shall be conducted in accordance with the collective agreement or agreement between the social partners or, in the absence of such agreements, under the law governing employment.

Right to rest of a crew member

Article 130g

Crew member shall be entitled to a regular, sufficiently long and continuous rest period, the duration of which shall be expressed in time units in order to ensure that, due to exhaust or frequent change of the navigation model, he/she does not injure him/herself, his/her colleagues or other persons, and not to cause that damage to their own health in the short or the long run.Minimum rest period of a crew member shall not be shorter than:1) 10 hours in any period of 24 hours, of which at least six hours continuously;2) 84 hours in any period of seven days.A crew member whose daily working hours exceeds six hours shall be entitled to a daily break.The duration, conditions for approval, as well as other issues related to the use of daily breaks, shall be set out in collective agreements or agreements between social partners or, in the absence of such agreements, under the law governing employment.

Longest allowed working hours at night

Article 130d

In the case of a working time of 7 hours at night, the maximum weekly working time during working hours shall be 42 hours at night.

Annual leave

Article 130dj

Crew member is entitled to a paid leave for the shortest period of four weeks, or a proportionate part of the annual leave in the case of employment shorter than one year in accordance with the provisions of the law governing employment relations and annual leave.Minimum paid annual leave, except in case of termination of employment, may not be replaced with monetary compensation.

Records of daily crew working hours or crew rest period

Article 130e

Records of the daily working time or rest period for each crew member shall be kept on ships registered in the domestic register of inland navigation ships.

The records referred to in paragraph 1 of this Article shall be kept on board at least by the end of the reference period.Employer or his agent and a crew member shall jointly check and verify the records together in the appropriate time periods, and at the latest by the end of the following month.Records from paragraph 1 of this Article shall mandatory include as follows: 1) Name of the vessel; 2) Name of the vessel owner or vessel operator; 3) Name of the commander; 4) Date; 5) Working day or day of the leave; 6) Start and end of the working hours or rest time. Crew member shall be delivered a copy of the confirmed records referring to him/her, which he/she shall keep with him/her for a period of one year from the end of the reference period.

Emergencies

Article 130ž

Vessel commander or a person acting on his/her behalf is entitled to require a crew member to work at any working hour in the events when this is necessary for direct safety of the vessel, persons on board or load, or with the purpose of assisting other vessels and persons in danger. Domestic vessel commander or a person acting on his/her behalf may require a crew member to be on duty during the necessary working hours in cases as referred to in paragraph 1 of this Article, until the establishment of normal situation. After the normal situation has been established, the commander or the person acting on his/her behalf shall, as soon as possible, ensure that each crew member who was working during the time envisaged for rest is given an appropriate rest period.

Occupational health and safety of crew members

Art 130z

Crew members working at night and crew members working in shifts must be provided protection in terms of occupational health and safety to the extent necessary for their type of work.Protective and preventive means in order to achieve occupational health and safety of crew members working at night or in shifts shall be available at all times.

Navigation models

Article 130i

When organizing work within the prescribed navigation model, the employer shall adhere to the principle that the organization of working hours must be adapted to the crew member, especially with regard to the reduction of the monotonous or pre-determined work within one of

the navigation models, depending on the type of work and the requirements of occupational health and safety, especially with regard to breaks during working hours."

Article 31

In Article 131 after paragraph 1 new paragraph 2 shall be added to read as follows: "Notwithstanding paragraph 1 of this Article, for the performance of particular works on

board in certain models of navigation, ship operator may engage a trainee for acquiring title instead of certain crew members with the prescribed titles, in accordance with the regulation establishing minimum number of crew members for safe navigation.”

The present paragraph 2 shall become paragraph 3.

Article 32

Article 132 shall be amended to read as follows:

“Article 132A crew member of merchant navy vessel who performs duties to provide navigation may be

a person who has acquired an appropriate title and with the appropriate authority to perform the duties of that title on board, as well as a trainee for gaining the title.

Titles of crew members shall be obtained by passing professional examination for acquiring the powers to perform the duties of a respective title, and it shall be proved by the certificate to perform duties on board.

In addition to the powers to perform the tasks of the appropriate title referred to in paragraph 2 of this Article, crew members may acquire special certificates for competences, which shall be obtained by passing appropriate exam.

Candidate for taking the exam for certificate of competence, or special competence, shall bear the costs of republic administrative fee, which he/she shall settle before taking the exam.

The decision on issuing the authorization on competence, i.e. special competence, is final in the administrative procedure and administrative dispute may be initiated against it.

Republic administrative fee shall be paid for issuing the authorization.Certificate of competence, i.e. special competence of crew member issued contrary to the

prescribed conditions shall be considered void. The Ministry shall keep the register of issued certificates on competence, i.e. special

competences of crew members of merchant navy. The Minister shall proscribe the title, conditions and the manner of acquiring titles, i.e.

authorities on competence and special competence of crew members of merchant navy with validity periods of authorisations, types of ship-related activities performed by crew members, levels of responsibility of crew members, program and manner of taking the exam for acquiring certificates on competences, i.e. special competence, the procedure of issuing authorisations on competences, i.e. special competences, the manner of calculation of navigation period, requirement to be met by the centres for crew trainings, instructors, i.e. assessors of training centres, as well as examiners, training program, i.e. education subjects/courses from acquisition of certificates on competences and special competences, manner of maintaining and forms of journals on completed training and acquired practice, obligations of trainers, i.e. assessors, as well as obligations of examiners and

candidates within practical education, manner and requirements for appointing examiners into the exam committee, requirements and manner of acknowledgement, renewal and replacement of authorisations on competence, i.e. special competence, content and form of authorisation, as well as the form, content and the way issuing and maintain the register of issued authorities, as well as the register of issued approvals to the centres for crew trainings.”

Article 33

After Article 133 Articles 133а-133d shall be added to read as follows:

"Article 133а

Theoretical and practical training (hereinafter referred to as: training) for the acquisition of certificate of competence, i.e. special competence of crew members, shall be carried out by crew training centres on the basis of the licence issued by the Ministry.

The licence referred to in paragraph 1 of this Article shall be issued only to a legal entity: 1) Registered in the Republic of Serbia; 2) Whose courses, i.e. curricula and training programs according to which training will be

carried out pursuant to the standards for obtaining qualifications and competences prescribed by the European Committee for drawing up standards in the field of inland navigation (CESNI) and the bylaw referred to in Article 132(9) of this law;

3) Which meets the prescribed technical and technological requirements for training for acquiring certificate of competence, i.e. special competence;

4) Has qualified instructors and assessors; 5) Submits the curricula of activities for the period for which the licence is issued. Prior to the issuing the licence, the Ministry shall inspect whether such the legal entity

referred to in paragraph 2 of this Article duly settles all financial obligations towards the Republic of Serbia, that no bankruptcy or liquidation proceedings have been initiated against it, as well as that criminal proceedings are not conducted against the responsible persons in the area of economic crime.

The decision on issuing the licence referred to in paragraph 1 of this Article shall be issued for a period of ten years.

The decision on issuing the licence referred to in paragraph 1 of this Article shall be final in the administrative procedure and an administrative dispute may be initiated against it.

The republic administrative fee shall be paid for issuing of the licence.

Article 133b

Licence for carrying out the activities of the crew training centre shall cease by:1) Expiry of the period it was issued for;2) Liquidation of the legal person which received the licence, if the legal successors do not

request the licence to remain in force within 30 days from the liquidation of the legal entity - the user of the licence;

3) Revoking of licence by the Ministry.

The decision on revoking the licence is final in administrative procedure and administrative dispute may be initiated against it.

Article 133v

The Ministry shall issue a decision on revoking the licence in case it establishes that the crew training centre:

1) Has failed to meet the requirements set by international and national regulations; 2) Has failed to meet the requirements according to which it was issued the approval; 3) Has failed to start trainings within the timeframe as specified in the approval.

In the cases referred to in paragraph 1 of this Article, the Ministry shall warn a crew training centre before revoking the licence and invite it to make a written statement of the reasons for non-compliance with the provisions from the licence, after which it shall determine the deadline to remedy such faults, and should it fail to act within such timeframe defined by the Ministry, the Ministry shall revoke the licence.

Article 133g

The Ministry shall issue a decision on revoking the licence of the crew training centre without prior call to act in accordance with the provisions of Article 133c paragraph 2 of this law if it has ceased to conduct the training for which it was granted the licence.The decision to revoke the licence shall be final in the administrative procedure and an administrative dispute may be initiated against it.

Article 133d

The crew training centre shall meet the standard of quality of the SRPS ISO 9001 series and apply international and domestic regulations governing the matter of inland navigation.The Ministry shall inspect the work of the crew training centre, while the conformity assessment body shall inspect the fulfilment of quality standards at the expense of the crew training centre.The inspection referred to in paragraph 2 of this Article shall take place every two years, and may be earlier if the Ministry deems it necessary."

Article 34

In Article 134 paragraph 1, the wording ``and controls by occasional examination”, shall be omitted. In paragraph 8 the words: ``Types, timeframes for medical examinations,” shall be omitted.

Article 35

After Article 134, Article 134а shall be added to read as follows:

"Article 134аHealth checks may be regular and supervisory.

Regular health check shall be carried out before issuing a ship service record book, i.e. a boarding permit, and shall in particular cover the sharpness of sight and hearing, colour recognition,

upper and lower limb motor skills, and neuropsychiatric and cardiovascular condition of the person, in accordance with the standard for carrying out health checks of inland navigation ship crew members prescribed by the European Committee for drawing up standards in the field of inland navigation (CESNI).

During the regular medical examination, blood group and RH factor shall be determined for crew members.

Upon turning 60, crew member shall undergo a regular health check within the next three months, and then every five years.

Upon turning 70, a crew member shall undergo a regular health check every second year.Port Authority shall issue certificate of competence to a crew member from paragraph 4 and

5 of this Article, with the remark that a crew member has undergone a regular health check.

An employer, ship commander or inspector may require a crew member to undergo a health check if there are objective reasons that indicate that health requirements are no longer met.

If, during the health check, a crew member fails to meet all prescribed healthcare requirements, the occupational health specialist who is authorized to carry out health checks may impose restrictions or apply certain deviations provided that they do not affect the safety of navigation, where the restrictions, or deviations, shall be entered into the competency or special competency.

Supervisory health checks shall be performed within the shorter periods than the regular health check, if a shorter period of validity of the report on the performed regular health check is determined.

A crew member is entitled to a free annual health check during which the symptoms or conditions which may be caused by work on board with the shortest daily rest periods and/or the minimum number of days of leave in accordance with Art. 130b and 130v of this law shall especially be controlled.

The costs of health check referred to in paragraph 10 of this Article shall be borne by the employer from his own funds.

Crew members working at night and having health problems found to have been caused by night work shall, depending on the available facilities, be transferred to another appropriate workplace with daily working hours.

Free health check shall be considered confidential. Free health check shall be carried out within the public health system.Public health system referred to in paragraph 14 of this Article shall imply healthcare

institutions, or private practice, which meet the requirements for carrying out health checks of ship crew members under the law.``

Article 36

In Article 184, after the paragraph 4, paragraph 5 shall be added, reading as follows: "AIS transponder shall have the certificate on licencing of the type issued for AIS

transponders of class А.” Article 37

Article 189, paragraphs 3 and 4 shall be amended to read as follows:

``For performing the activities of Vessel Traffic Service (VTS), a VTS centre shall be formed, as special organisational unit within the Ministry. Operational management of the activities of the Vessel Traffic Service in the VTS centre shall be carried out by VTS operators.”

Article 38

In Article 207, paragraph 1, after item 14a, item 14b shall be added as follows:"14b) Keeps records of the facilities of port infrastructure owned by the Republic of Serbia where the Agency has registered right of use, as well as cadastral parcels comprising the port land;"Paragraphs 2 and 3 shall be added to read as follows:"Notwithstanding paragraph 1 item 12 of this Article, in the case of a capital investment project for the construction of port infrastructure which cannot be financed from the Agency's funds generated by the collection of port charges and concession fees, the Ministry shall exercise the rights of investor on behalf of the Republic of Serbia.

The right of use in favour of the Agency shall be entered for the constructed port infrastructure facilities referred to in paragraph 2 of this Article, in accordance with the provisions of this law."

Article 39

In Article 213, paragraph 1, after the wording: "suprastructure", comma shall be added and the wording "as well as access infrastructure" shall be added.Paragraph 2 shall be amended to read as follows:"Port infrastructure consists of: constructed coast for docking vessels (quay walls and the like), port traffic roads (regular roads, paths, industrial railway tracks with associated railway equipment), energy and communication networks, lighting, fences, berths or floating objects for boarding and landing passengers or supply of ships with fuel, infrastructure for the transhipment of alternative fuels, as well as other structures and devices which in their nature serve for the safe approach and mooring of the vessels."After the paragraph 3, a new paragraph 4 shall be added which shall read as follows:"Access infrastructure consists of infrastructure facilities which allow port users access to ports from a waterway or land, such as access roads, railways and channels located outside the designated port area."In the current paragraph 4, which shall become paragraph 5, the wording: "up to 3" shall be replaced with the wording "up to 4".

Article 40

In Article 214a, paragraph 4, after the wording: "within the port area", comma shall be inserted and the wording shall be added: "Lots of water land on which the right of easement is established for the construction of port infrastructure", and the wording: "competent municipal" shall be replaced with the word: "state".

Article 41

In Article 216a, paragraph 2, item 3 the wording: "extraction of the river deposits" shall be replaced by the word: "dredging".

After paragraph 6, a new paragraph 7 shall be added and shall read:"The approval referred to in paragraph 6 of this Article shall be enclosed with the request for

obtaining energy performance license submitted to the authority responsible for issuing this license under the law on energy."

The present paragraph 7 shall become paragraph 8.

Article 42

In Article 217, after paragraph 5, paragraphs 6-8 shall be added to read as follows: "Port operators referred to in paragraph 1 of this Article shall be obliged to submit a request

for registration with the register of port operators referred to in Article 226 of this Law. The registration referred to in paragraph 6 of this Article shall be made according to the

decision issued by the Agency in the administrative procedure. The decision referred to in paragraph 7 of this Article shall be final in the administrative

procedure and an administrative dispute may be initiated against it."

Article 43

In Article 218, paragraph 7, after the word: "the Agency", the wording: "to which the Republic Property Directorate of the Republic of Serbia grants consent" shall be added.In paragraph 9, the wording: "and upon obtaining the consent of the Republic Directorate for Property of the Republic of Serbia" shall be omitted.

Article 44

In Article 218a, paragraph 2, the wording: "Republic Directorate of Property of the Republic of Serbia, or the Agency may request" shall be replaced by the wording: "The Agency may request".

Article 45

In Article 225a, paragraph 7, the wording: "paragraph 5" shall be replaced by the wording "paragraph 6".

Article 46

In Article 227b, paragraph 6, the wording: "Detailed Project Report containing the draft preliminary design with deadlines for all phases of construction" shall be replaced with the words: "Project Report containing a draft of the prefeasibility study with the general design, or the draft feasibility study with the preliminary design, depending on whether the location conditions may be issued on the basis of the planning document."In paragraph 7, the word: "detailed" shall be omitted.In paragraph 8, the word: "detailed" shall be omitted.

Article 47

In Article 227j, paragraphs 2-10 shall be added and shall read as follows: "Easement right shall be established on water land of the port area, for the construction of port infrastructure as a line infrastructure facility in favour of the Agency, under the law governing waters. Easement right referred to in paragraph 2 of this Article shall be established by a contract concluded between the Agency and the public water management company in charge of the territory where the port area is defined. Easement right referred to in paragraph 2 of this Article shall be established free of charge.Notwithstanding paragraphs 2-4 of this Article, if the port operator has been granted an authorization for carrying out port activity with the easement right to build from Article 218 and 218a of this law, or if it has received a port license for public works referred to in Article 227, paragraph 1, item 2 of this law, and the issued license or port concession include the construction of the coast for the docking vessels (quay walls and the like) and other facilities of port infrastructure located on aquatic land, a public water management company shall conclude an agreement for leasing water land with a direct agreement with that port operator.The provision of paragraph 5 of this Article shall also apply to port operators referred to in Article 214, paragraph 1, items 3 and 5 of this law. After the expiration of the period for which the permit has been issued, i.e. the port concession, the provisions of paragraphs 2-4 of this Article shall be applied.Setting and use of a bunker pontoon station, or a bunker station for the supply from a tank vehicle, is not liable to the obligation to obtain a construction or usage permit under the law governing planning and construction, but to issuing a certificate issued by the Authority for determination of the seaworthiness for navigation after a technical inspection which includes checking the fulfilment of requirements in relation to fire protection, environmental protection as well as other technical requirements for vessels in accordance with the regulation governing the technical requirements for statutory certification of inland navigation vessels and the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (hereinafter: the ADN Agreement), and which confirms that the facility meets technical requirements for carrying out the operations of the bunker pontoon station, i.e. the bunker station for supply from the tanker vessel.Setting and use of the bunker stationary station and the bunker floating station are liable to the obligation to obtain a building permit or a usage permit.The bunker station for the supply of ships with fuel shall meet the conditions prescribed by the ADN Agreement and the regulation on technical requirements regarding fire safety and explosions of stations for the supply of ships and technical vessels with liquid fuel."

Article 48

In Article 229g, after paragraph 2, a new paragraph 3 shall be added and shall read: "Nonetheless, the base for compensation for the operational use of the port, or the wharf for carrying out port activity of supply of boats by propulsion fuel taking place outside the port in accordance with Article 215 of this Law is the market value of construction land which, by the decision of the local self-government unit referred to in Article 215 of this Law is assigned for carrying out this port activity on the date of initiation of the procedure for public collection of bids by the Agency determined by the ministry responsible for finance - Tax Administration, adjusted for

the coefficient set according to the position of the bunker station for supplying ships with fuel on a network of waterways. "Current paragraphs 3-5 shall become 4-6. Current paragraph 6, which shall become paragraph 7, the word ``fees`` shall be replaced by the word ``compensation``. Current paragraphs 7-10 shall become paragraphs 8-11.

Article 49

Article 237 shall be amended to read as follows:

"Article 237A permit for the performance of a special-purpose dock may be given for a maximum of ten years. The Agency shall issue the approval referred to in paragraph 1 of this Article if this is in accordance with the adopted Strategy referred to in Article 8 of this Law, in the part relating to ports and ports. The Agency issues an approval for marinas if it is in accordance with the spatial and urban planning documents, as well as the documents of the Autonomous Province of Vojvodina or the Serbian Chamber of Commerce, which determine the network of marinas on international, interstate and state waterways.

``Article 237Approval for operation in the wharf for special purposes may be issued for the maximum period of ten years. The Agency shall issue the approval referred to in paragraph 1 of this Article if this is in accordance with the adopted Strategy referred to in Article 8 of this law, in the part relating to ports and wharf.The Agency shall issue an approval for marinas if it is in accordance with the spatial and urban planning documents, as well as the documents of the Autonomous Province of Vojvodina or the Serbian Chamber of Commerce, which define the network of marinas on international, interstate and state waterways.The provisions of this law on determining the port area shall apply accordingly to the establishment of marinas, whereas the marina areas may consist of cadastral lots or parts of cadastral lots.The issuance and revocation of mooring approvals for boats shall be the responsibility of the local self-government unit on whose territory a boat mooring is being established.Local administrative fee shall be paid for the issuance of the approval for boat berths, the amount of which shall be established by the assembly of local self-government units under the law governing financing of local self-government.The provisions of the law governing the administrative procedure apply to the issuance of a boat mooring approvals.To establish a boat mooring, it is necessary to obtain nautical conditions issued by the competent port authority.Legal entity managing the boat mooring shall charges fees for the service of docking and guarding boats.

The government shall determine the highest amounts of fees which, depending on the type of services provided in boat moorings, may be charged by legal persons operating boat moorings.The provisions of this law regulating the payment of port fees shall not apply to marinas and boat moorings. "

Article 50

In Article 237a, paragraph 2, the word "port" shall be replaced with the wording "floating object".

Article 51

In Article 246, paragraph 2, after the wording: "posts in the Ministry", the words "as well as the exam for inspectors, under the law governing inspection supervision" shall be added.Paragraph 4 shall be amended to read as follows:"The official identity of inspectors shall be regulated by the law governing inspection supervision."

Article 52

In Article 247, paragraph 2, the word: "eight" shall be replaced by the number: "15".

Article 53

In Article 254, after paragraph 4, paragraph 5 shall be added to read as follows:"If in during supervision the inspector prohibits the navigation of a ship that flies flag of an EU Member State until the identified deficiencies have been remedied, the competent authority issuing the certificate on seaworthiness shall be notified about the prohibition within seven days from the date of the prohibition."

Article 54

In Article 266, paragraph 1, item 2 shall be omitted.

Article 55

In Article 267, paragraph 1, item 7, the wording: "port authorities" shall be replaced by the wording: "safety navigation inspectors".In item 9 after the wording: "port authority", the wording: "and the safety navigation inspector" shall be added.After item 25 item 25a shall be added to read as follows:"25a) if it fails to ensure that any person boarding on a boat without its own engine, which is not more than three meters long, a pedal boat, a water bike, a board and a similar vessel, used for carrying out commercial activities, has a life jacket, or fails to undertake any other measures for the safety of those persons as designated by the competent port authority, or if fails to ensure that these vessels are used exclusively outside the waterway (Article 124 paragraphs 2 and 3); "After item 29, item 29a shall be added to read as follows:

"29a) if the AIS transponder used on board does not have a certificate on approval of the type issued for Class A AIS transponders (Article 184 paragraph 5);".

Article 56

In Article 270, paragraph 1, item 5, after the wording: "to port authority", the wording: "and the safety navigation inspector" shall be added.After item 12 items 12a -12g shall be added to read as follows: "12a) If the maximum working time of a crew member lasts longer than the working hours referred to in Article 130a paragraph 2 of this law;12b) If immediately after the successive working days the crew member is not approved an equal number of successive days of rest (Article 130b, paragraph 4);12v) If, in case of seasonal work on passenger ships, the maximum working time of a crew member lasts longer than the working hours referred to in Article 130v paragraph 1 of this law;12g) If it fails to verify and confirm the record of the daily working time or rest period of each crew member in the appropriate time periods, and at the latest by the end of the following month (Article 130e, paragraph 3);"

Article 57

In Article 271 paragraph 1 item 6 after the wording: ``port authority`` the wording ``and safety navigation inspector`` shall be added.

After item 15, items 15a -15g shall be added to read as follows:"15a) If the maximum working hours of a crew member exceed the working hours referred to in Article 130a paragraph 2 of this law;15b) If immediately after the successive working days the crew member is not approved an equal number of successive days of rest (Article 130b, paragraph 4);15v) If, in case of seasonal work on passenger ships, the maximum working hours of a crew member exceed the working hours referred to in Article 130v paragraph 1 of this Law;15g) If it fails to verify and confirm the record of the daily working hours or rest period of each crew member in the appropriate time periods, and at the latest by the end of the following month (Article 130e paragraph 3); "

Article 58

In Article 276, after item 4, item 4a shall be added to read as follows:"4a) If it fails to verify and confirm the records of the daily working hours or rest period of each crew member in the appropriate time periods, and at the latest by the end of the following month (Article 130e, paragraph 3);"

Article 59

Entities in the privatization process performing port activity on the day of entry into force of this law, as well as companies which on the day of entering into force of this law perform port activity and which operate with majority state capital, shall make a list of port infrastructure which will include port infrastructure facilities registered in the real estate cadastre, as well as port infrastructure facilities built without construction permit, and submit such lists to the Agency.

For port infrastructure facilities built without the building permit, the person referred to in paragraph 1 of this Article shall initiate the procedure of legalization and submit to the competent authority all necessary documentation under the law governing the legalization of the facilities.The person referred to in paragraph 1 of this Article shall carry out the activities from paragraphs 1 and 2 of this Article within 90 days from the date this law enters into force.The procedure for obtaining port infrastructure from paragraph 1 of this Article free of charge as the property of the Republic of Serbia shall be carried out by the Republic Property Directorate of the Republic of Serbia at the request of the Agency.Following the procedure referred to in paragraph 4 of this Article, the decision on obtaining the port infrastructure referred to in paragraph 1 of this Article shall be made by the Government. Pursuant to the decision referred to in paragraph 5 of this Article, the port infrastructure referred to in paragraph 1 of this Article shall be registered with the ownership right of the Republic of Serbia and the right of use in favour of the Agency. The person referred to in paragraph 1 of this Article, registered as the holder of the right of use of built and not-built state land in the public register recording real estate and accompanying rights, and which is included in the port area, shall be cancelled the right of use on that land and registration shall be made in favour of the Agency within 120 days from the day this law enters into force.If the person referred to in paragraph 1 of this Article fails to obtain the approval for carrying out port activity by the date of entry into force of this Law, the Agency shall grant the license to such company referred to in paragraph 1 of this Article to perform the port activity on the day of entry into force of this law on the basis of its written request, for a period of 25 years with the right to extend the duration of the authorization for additional 25 years.The approval referred to in paragraph 8 of this Article shall, inter alia, regulate mutual obligations for the maintenance of port infrastructure facilities referred to in paragraph 1 of this Article.Port infrastructure transfer operations initiated but not completed by the person referred to in paragraph 1 of this Article until the date of entry into force of this law shall be carried out in accordance with the regulations effective at the time of initiation of the port infrastructure transfer procedure, with the obligation to carry out the activities from the paragraphs 1 and 2 of this Article.

Article 60

Ships may land outside the port area for the transhipment of river aggregates (gravel and sand) only at locations where there are facilities for the depositing and separation of river aggregates included in the general act and plan of placement of these facilities adopted by the competent authority of the local self-government unit, no later than 31 December 2023.Ministry and the competent public water management company shall grant their approval to the general act and plan of placement referred to in paragraph 1 of this Article.Local self-government units of shall pass a general act and plan of placement from paragraph 1 of this Article not later than 31 January 2019. The Agency shall issue a permit for carrying out port activity to the business entity which, by the date of entry into force of this Law, was carrying out the activity of depositing and separation of river aggregates at the locations included in the general act and the plan of placement referred to in paragraph 1 of this Article, for a period of three years with the possibility of extension for another three years at the most.

After the establishment of compliance with the conditions prescribed by the general act and the placement plan referred to in paragraph 1 of this Article, Competent authority of the local self-government unit shall issue a provisional building permit under the law governing planning and construction to a business entity that has obtained approval for carrying out port activity under the paragraph 4 of this Article. A company which has been performing the activity of depositing and separating river aggregates until the date of entry into force of this law at locations which are not included in the general act and plan of placement referred to in paragraph 1 of this Article, but which has been moved to another location which, after the entry into force of this law, shall be recognised as a port area, shall acquire the right to obtain approval for carrying out port activity for a period of 25 years, with the possibility of extension for another 25 years, provided that it concludes the agreement referred to in Article 216a of this Law and pays compensation for the operational use of the port, or wharf.Approval from paragraphs 4 and 6 of this Article shall be issued by the Port Governance Agency under the law governing the administrative procedure and is final in the administrative procedure.The value of the fee for the operational use of the port, or the wharf, issued on the basis of the issued approval referred to in paragraph 6 of this Article, shall be reduced proportionally to the value of works on the construction of port infrastructure.In addition to the obligation to settle the fee for the operational use of the port or wharf in accordance with paragraph 8 of this Article, companies managing the facilities for depositing and separation of river aggregates from paragraphs 4 and 6 of this Article, as well as ships docking to these facilities, or owners of goods whose transhipment is carried out in these facilities, shall pay the prescribed port fees.Public water management company shall conclude an agreement for the lease of aquatic land used for the needs of transhipment of river aggregates (gravel and sand), by direct agreement with the company from paragraphs 4 and 6 of this Article.

Article 61

Forms of certificates of competences of merchant navy crew members issued in accordance with the Rules on professions, conditions for obtaining the title and certifications of crew members of inland navigation of the merchant navy of the Federal Republic of Yugoslavia ("Official Gazette of SFRY", nos. 32/82, 30/83 and 30/87 and "Official Gazette of FRY", no. 25/96), as well as forms of shipping licenses issued in accordance with the Rules on maritime and ship service record books and boarding permits ("Official Gazette of SFRY", no. 13/81) shall be replaced by the forms of these documents issued in accordance with the Rules on the conditions, method and procedure of issuance and replacement, contents and form of the ship service record book and boarding permits, persons and bodies responsible for entering and verifying data, as well as the content, form and manner of keeping the register of the issued shop service record books and boarding permits ("Official Gazette of RS", no. 40/13) and the Rules on titles, conditions for acquiring titles and powers of merchant navy crew members ("Official Gazette of the Republic of Serbia", nos. 64/12, 99/15 and 3/17) by 31 December 2018 at the latest.

Forms of licenses for boat operators and boat masters, or the sailors on a floating facility, issued in accordance with the Rules of the program and the manner of taking the professional exam for obtaining the title of the boat operator and boat master ("Official Gazette of RS", no. 18/97) and the

Rulebook on the manner acquiring professional competences and the program of professional examinations for crews of certain vessels ("Official Gazette of SRS", no. 19/78), shall be replaced with the appropriate forms of licences for operating boats issued in accordance with the Rulebook on condition which the persons operating a boat, navigating object or floating object, must meet, program and the manner of passing professional exam, as well as forms, content and the manner of issuing and the duration of the operating license ("Official Gazette of RS", nos. 86/14 and 57/15), by 31 December 2019 at the latest.

Article 62

Until the conclusion of an agreement on mutual recognition of ship documents determining the capability vessels for navigation between the European Union and the Republic of Serbia, the Union Inland Navigation Certificates shall be recognized as issued in the Republic of Serbia.The provision of Article 21, paragraph 3 of this law shall cease apply on the date of the admission of the Republic of Serbia to the European Union.As of the date of the admission of the Republic of Serbia to the European Union, the Union Inland Navigation Certificates shall be recognized as issued in the Republic of Serbia.

Ports built without a building permit or building approval in accordance with the regulations which did not require obtaining a building permit or building approval at the time of construction, may be used for performing port activities without such permit.

Fees determined by the Rulebook on amount of fees for the provision of professional services within the competence of the Directorate for Inland Waterways ("Official Gazette of the Republic of Serbia" No. 141/14) and the Rulebook on the amount of fees for provision of professional services for technical supervision of inland navigation vessels ("Official Gazette of the Republic of Serbia", no. 114/13) shall apply until the establishment of republic administrative fee under Articles 4 and 19 of this law.

Article 63

This Law shall enter into force on the eighth day from the date of its publication in the "Official Gazette of the Republic of Serbia", except for Article 33 of this Law, which shall apply as of 1 June 2019.