Annexes to COM(1996)255 - Harmonized safety regime for fishing vessels of 24 metres in length and over

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ANNEX I


Adaptation of provisions of the Annex to the Torremolinos Protocol for application of Article 3(1) of Council Directive 97/70/EC

CHAPTER I: GENERAL PROVISIONS

Regulation 2: Definitions

Paragraph 1 'New vessel` has to be replaced by the definition of 'new fishing vessel` contained in Article 2 of this Directive.

CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTING

Regulation 2: Definitions

Paragraph 2 'standard fire test` to be read with the following changes at the end with regard to the standard temperature curve:

'... The standard time-temperature curve is defined by a smooth curve drawn through the following internal furnace temperature points:

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CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTS

Regulation 1: Application

Paragraph 2 to be read as follows:

'Regulations 13 and 14 shall also apply to existing vessels of 45 metres in length and over, provided that the administration may defer the implementation of the requirements of these regulations until 1 February 1999.`

Regulation 13: Radio life-saving appliances

Paragraph 2 to be read as follows:

'Two-way VHF radiotelephone apparatus provided on board existing vessels and not complying with the performance standards adopted by the organisation may be accepted by the administration until 1 February 1999, provided that the administration is satisfied that they are compatible with approved two-way VHF radiotelephone apparatus.`

CHAPTER IX: RADIO COMMUNICATIONS

Regulation 1: Application

Paragraph 1, second sentence to be read as follows:

'However, for existing vessels, the administration may defer the implementation of the requirements until 1 February 1999.`

Regulation 3: Exemptions

Paragraph 2(c) to be read as follows:

'when the vessel will be taken permanently out of service before 1 February 2001.`


ANNEX II


Adaptation of provisions of Chapters IV, V, VII and IX of the Annex to the Torremolinos Protocol, in accordance with Article 3(4) of the latter, for application to new fishing vessels with a length of 24 metres and over

CHAPTER IV: MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACES

Regulation 1: Application

To be read as follows:

'Unless provided otherwise, this chapter shall apply to new fishing vessels of 24 metres in length and over.`

Regulation 7: Communication between the wheelhouse and machinery space

To be read with the following addition:

'Two separate means of communication ... shall be provided, one of which shall be an engine room telegraph, except that in vessels of less than 45 metres in length, where the propulsion machinery is directly controlled from the wheelhouse, the administration may accept means of communication other than an engine room telegraph.`

Regulation 8: Wheelhouse control of propulsion machinery

Paragraph 1(d) to be read with the following addition:

'... or control room. On vessels of less than 45 metres in length the administration may permit the control station in the machinery space to be an emergency station only, provided that the monitoring and control in the wheelhouse is adequate.`

Regulation 16: Main source of electrical power

Paragraph 1(b) to be read with the following addition:

'... sets being stopped. However, in vessels of less than 45 metres in length, in the event of any one of the generating sets being stopped, it shall only be necessary to ensure the functioning of the services essential for propulsion and safety of the vessels.`

Regulation 17: Emergency source of electrical power

Paragraph 6 to be read with the following insertion:

'An accumulator battery fitted in accordance with this Regulation, other than batteries fitted for the radio transmitter and receiver in vessels of less than 45 metres in length, shall be installed...`.

Regulation 22: Alarm system

Paragraph 2(a) to be read with the following addition:

'The alarm system ... at a suitable position. However, in vessels of less than 45 metres in length the administration may permit the system to be capable of sounding and indicating visually each separate alarm function in the wheelhouse only.`

Paragraph 2(b) to be read with the following addition:

'In vessels of 45 metres in length and over the alarm system shall have a connection ...`.

Paragraph 2(c) to be read with the following addition:

'In vessels of 45 metres in length and over an engineer's alarm ...`.

CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTING

Regulation 2: Definitions

Paragraph 14(b) to be read with the following change:

'... not less than 375 kilowatts`.

PART C

Replace the title as follows:

'PART C - FIRE SAFETY MEASURES IN VESSELS OF 24 METRES IN LENGTH AND OVER BUT LESS THAN 60 METRES`

Regulation 35: Fire pumps

Insert following paragraph:

'Notwithstanding the provision of Regulation V/35(1), at least two fire pumps shall always be provided.`

Add to paragraph 8:

'... or 25 m3/h, whichever is the greatest.`

Regulation 40: Fire-extinguishing appliances in machinery spaces

Paragraph 1(a) to be read with the following change:

'... of not less than 375 kilowatts ...`.

CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTS

Regulation 1: Application

Paragraph 1 to be read with following changes:

'1. Unless provided otherwise, this chapter shall apply to new vessels of 24 metres in length and over.`

Regulation 5: Number and types of survival craft and rescue boats

1. Beginning of paragraph 3 to be read as follows:

'Vessels of less than 75 metres in length but of 45 metres in length and over shall comply with the following:`.

2. Read with a new paragraph 3(a):

'(3a) Vessels of less than 45 metres in length shall be provided with:

(a) survival craft of sufficient aggregate capacity to accommodate at least 200 % of the total number of persons on board. Sufficient of these survival craft to accommodate at least the total number of persons on board shall be capable of being launched from either side of the vessel; and

(b) a rescue boat, except where the administration is satisfied that because of the size and the manoeuvrability of the vessel, the near availability of search and rescue facilities and meteorological warning systems, the operation of the vessel in areas not susceptible to heavy weather or the seasonal characteristics of the operation, such provision is unnecessary.`

3. Beginning of paragraph 4 to be read as follows:

'In lieu of meeting the requirements of paragraphs 2(a), 3(a) and 3a(a) vessels may carry ...`.

Regulation 10: Lifebuoys

1. Read subparagraph 1(b) as follows:

'six lifebuoys in vessels of less than 75 metres in length but 45 metres in length and over;`.

2. Insert a new subparagraph 1(c) as follows:

'1(c) four lifebuoys in vessels of less than 45 metres in length.`

Regulation 13: Radio life-saving appliances

Insert a new paragraph 1a to read as follows:

'1a However, for vessels of less than 45 metres in length the number of such apparatus may be reduced to two, if the administration considers the requirement to carry three such apparatus unnecessary taking into account the operation area of the vessel and the number of persons employed on board;`.

Regulation 14: Radar transponders

To be read with the following addition at the end:

'... in each survival craft. On every vessel of less than 45 metres in length at least one radar transponder shall be carried.`

CHAPTER IX: RADIO COMMUNICATIONS

Regulation 1: Application

Read paragraph 1, first sentence as follows:

'Unless provided otherwise, this chapter shall apply to new vessels of 24 metres in length and over and to existing vessels of 45 metres in length and over.`


ANNEX III


Regional and local provisions (Articles 3(3) and 4(1))


A. 'Northern` regional provisions

1. Area of application

Unless mentioned otherwise elsewhere, the waters north of the boundary as illustrated on the chart attached to this Annex, excluding the Baltic Sea. This boundary is defined by the parallel of latitude 62° N from the west coast of Norway to longitude 4° W, thence the meridian of longitude 4° W to latitude 60° 30' N, thence the parallel of latitude 60° 30' N to longitude 5° W, thence the meridian of longitude 5° W to latitude 60° N, thence the parallel of latitude 60° N to longitude 15° W, thence the meridian of longitude 15° W to latitude 62° N, thence the parallel of latitude 62° N to longitude 27° W, thence the meridian of longitude 27° W to latitude 59° N and thence the parallel of latitude 59° N to the west.

2. Definitions

'Heavy drift ice` is drift ice covering 8/10 or more of the sea surface.

3. Regulation III/7(1) (Operating conditions)

In addition to the specific operating conditions given in Regulation III/7(1) the following operating conditions shall also be considered:

(e) operating condition (b), (c) or (d), whichever produces the lowest values of the stability parameters contained in the stability criteria listed in Regulation 2, shall be calculated including allowance for ice accretion in accordance with the provisions of Regulation III/8;

(f) for purse seiners: departure from the fishing grounds with the fishing gear, no catch and 30 % stores, fuel, etc., including allowance for ice accretion in accordance with the provisions of Regulation III/8.

4. Regulation III/8 (Ice accretion)

The specific requirements of Regulation III/8 and the specific guidance given in Recommendation 2 by the Torremolinos conference shall be applied within the region concerned, i.e. also outside the boundaries shown in the chart accompanying the said Recommendation.

Notwithstanding the provisions of Regulation III/8(1)(a) and (b) the following icing allowance shall be made in the stability calculations for vessels operating in the area north of latitude 63° N, between longitude 28° W and longitude 11° W:

(a) 40 kilograms per square metre on exposed weather decks and gangways;

(b) 10 kilograms per square metre for projected lateral area of each side of the vessel above the water plane.

5. Regulations VII/5(2)(b) and (3)(b) (Number and types of survival craft and rescue boats)

Notwithstanding the provisions of Regulation VII/5 (2)(b), (3)(b), and (3a), for fishing vessels whose hull is built to comply with the rules of a recognised organisation for operation in waters with heavy drift ice concentration in compliance with Regulation II/1/2 of the Annex to the Torremolinos Protocol, the rescue boat/lifeboat required in (2)(b), (3)(b) or (3a)(b) shall at least be partially covered (as defined in Regulation VII/18) and shall have sufficient capacity to accommodate all persons on board.

6. Regulation VII/9 (Immersion suits and thermal protective aids)

Notwithstanding the provisions of Regulation VII/9 an approved immersion suit, of an appropriate size, complying with the provisions of Regulation VII/25, including the measures applied to that Regulation and listed in this Annex under item 1.8, shall be provided for every person on board.

7. Regulation VII/14 (radar transponder)

In addition to the provisions of Chapter VII, Part B, every lifeboat, rescue boat and life-raft shall permanently be equipped with an approved radar transponder capable of operating in the 9 GHz band.

8. Regulation VII/25 (Immersion suits)

Notwithstanding the provisions of Regulation VII/25 all immersion suits required under item 1.6 of this Annex shall, as a single unit, be made of material with inherent insulation and shall also comply with the buoyancy requirements of Regulation VII/24(1)(c)(i). All other relevant requirements of Regulation VII/25 shall also be complied with.

9. Regulation X/3(7) (Radar installations)

Notwithstanding the provisions of Regulation X/3(7), every vessel of 24 metres in length and over shall be fitted with a radar installation to the satisfaction of the administration. This radar installation shall be capable of operating in the 9 GHz band.

10. Regulation X/5 (Signalling equipment)

In addition to the provisions of Regulation X/5, every vessel shall, when operating in waters where drift ice may occur, be fitted with at least one searchlight with a lighting capacity of at least 1 lux, measured at a distance of 750 metres.


B. 'Southern` regional provisions

1. Areas of application

The Mediterranean sea and the coastal areas, within 20 miles from the coast of Spain and Portugal, of the summer zone of the Atlantic Ocean, as defined on the 'Chart of zones and seasonal areas` in Annex II to the 1996 International Convention on Load Lines (1), as amended.

2. Regulation VII/9(1) (Immersion suits)

Taking into consideration the provisions of paragraph 4 of Regulation VII/9, add at the end of paragraph 1 the following sentence:

'For vessels of less than 45 metres in length the number of immersion suits need not be greater than two.`

3. Regulation IX/1 (Radio communications)

Add a new paragraph 1a as follows:

'This chapter shall also apply to new vessels of 24 metres in length and over, provided that the area in which they operate is supported appropriately by a coast station operating in accordance with IMO master plan.`


NORTHERN REGION

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(1) International Convention on Load Lines, 1966, adopted on 5 April 1966 by the International Conference on Load Lines, held in London upon the invitation of the Intergovernmental Maritime Consultative Organisation.


ANNEX IV


Specific safety requirements (Article 3(4))

CHAPTER II: CONSTRUCTION, WATERTIGHT INTEGRITY AND EQUIPMENT

Add following new Regulations:

'Regulation 16: Working decks within an enclosed superstructure

1. Such decks shall be fitted with an efficient drainage system having an appropriate drainage capacity to dispose of washing water and fish guts.

2. All openings necessary for fishing operations shall be provided with means for quick and efficient closure by one person.

3. Where the catch is brought on to such decks for handling or processing, the catch shall be placed in a pound. Such pounds shall comply with Regulation 11 of Chapter III. An efficient drainage system shall be fitted. Adequate protection against inadvertent influx of water to the working deck shall be provided.

4. At least two exits from such decks shall be provided.

5. The clear headroom in the working space shall at all points be not less than two metres.

6. A fixed ventilation system providing at least six changes of air per hour shall be provided.

Regulation 17: Draught marks

1. All ships shall be provided with draught marks in decimetres on the stem and the stern on both sides.

2. Such marks shall be placed as close as practicable to the perpendiculars.

Regulation 18: Tanks for fish in refrigerated (RSW) or chill.ed (CSW) sea water

1. If RSW- or CSW-tanks or similar tank systems are used, such tanks shall be provided with a separate, permanently fitted arrangement for the filling and emptying of seawater.

2. If such tanks are to be used also for carrying dry cargo, the tanks shall be arranged with a bilge system and provided with adequate means to avoid ingress of water from the bilge system into the tanks.`

CHAPTER III: STABILITY AND ASSOCIATED SEAWORTHINESS

Regulation 9: Inclining test

Add following new paragraph 4:

'4. The inclining test and determination of conditions required by Regulation III/9(1) shall be performed at least every 10 years.`

CHAPTER IV: MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACES

Regulation 13: Steering gear

Add following text to paragraph 10:

'If this power source is electrical, the emergency source of electrical power shall be capable of serving the auxiliary means for activating the rudder for a period of at least 10 minutes.`

Regulation 16: Main source of electrical power

Add following paragraph 3:

'3. Navigation lights, if solely electrical, shall be supplied through their own separate switchboard and adequate means for the monitoring of such lights shall be provided.`

Regulation 17: Emergency source of electrical power

Notwithstanding paragraph 2, for vessels of a length of 45 metres and over, the emergency source of electrical power shall be capable of serving the installations listed in that Regulation for a period of not less than eight hours.

CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTING

Regulation 22: Fire-extinguishing appliances in machinery spaces

Notwithstanding the provisions of this Regulation, all machinery spaces of category A shall be fitted with a fixed fire-extinguishing arrangement.

Regulation 40: Fire-extinguishing appliances in machinery spaces

Notwithstanding the provisions of this Regulation, all machinery spaces of category A shall be fitted with a fixed fire-extinguishing arrangement.


ANNEX V


FORMS OF CERTIFICATE OF COMPLIANCE, EXEMPTION CERTIFICATE, AND RECORD OF EQUIPMENT

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CERTIFICATE OF COMPLIANCE

This certificate of compliance shall be supplemented by a record of equipment

(Official seal) (State)

for a new/existing (1) fishing vessel

Issued under the provisions of the

.

(Name of the relevant measure(s) introduced by the Member State)

and confirming compliancy of the vessel named hereafter with the provisions of Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over,

under the authority of the Government of .

(Full official designation of the Member State)

by .

(Full official designation of the competent organisation recognised under the provisions of the Council Directive 94/57/EC)

Name of the shipDistinctive numbers or lettersPort of registryLength (2)

Date of building or major conversion contract (3): .

Date on which the keel was laid or ship was at a similar stage of construction (3): .

Date of delivery or completion of major conversion (3): .

(1) Delete as appropriate in accordance with the definitions of Article 2(2) and (3).

(2) Length as defined in Article 2(6).

(3) In accordance with the definitions of Article 2(2).

(Reverse of certificate)

Initial survey

THIS IS TO CERTIFY:

1. that the ship has been surveyed in accordance with Regulation I/6 (1) (a) of the Annex to the Torremolinos Protocol of 1993;

2. that the survey showed that:

1. the ship fully complies with the requirements of Council Directive 97/70/EC; and

2. the maximum permissible operating draught associated with each operating condition for the vessel is contained in the approved stability booklet dated .;

3. that an Exemption Certificate has/has not (1) been issued.

This certificate is valid until .............................................................. subject to surveys in accorddance with Regulation I/6 (1) (b) (ii) and (iii) and (c).

Issued at., on.

(Place of issue of certificate)(Date of issue)

.

(Signature of official issuing the certificate)

and/or

(Seal of issuing authority)

If signed, the following paragraph is to be added:

The undersigned declares that he is duly authorised by the said Member State to issue this certificate.

.

(Signature)

(1) Delete as appropriate.

(Next page of certificate)

Endorsement to extend the validity of the certificate for a period of grace where Regulation I/11 (1) applies

This certificate shall, in accordance with Regulation I/11 (1), be accepted as valid until ................................................................

Signed: .

(Signature of authorised official issuing the endorsement)

Place: .

Date: .

.

(Seal or stamp of the issuing authority)

Endorsement to extend the validity of the certificate until reaching the port of survey or for a period of grace where Regulation I/11 (2) or Regulation I/11 (4) applies

This certificate shall, in accordance with Regulation I/11 (2)/Regulation I/11 (4) (1), be accepted as valid until ..................................................................

Signed: .

(Signature of authorised official issuing the endorsement)

Place: .

Date: .

.

(Seal or stamp of the issuing authority)

(1) Delete as appropriate.

(Next page of certificate)

Endorsement for periodical surveys

Equipment survey

THIS IS TO CERTIFY that, at a survey as required by Regulation I/6 (1) (b) (ii), the vessel was found to comply with the relevant requirements.

Signed: .

(Signature of authorised official issuing the endorsement)

Place: .

Date: .

.

(Seal or stamp of the issuing authority)

Radio surveys

THIS IS TO CERTIFY that, at a survey as required by Regulation I/6 (1) (b) (iii), the vessel was found to comply with the relevant requirements.

First periodical radio survey:

Signed: .

(Signature of authorised official issuing the endorsement)

Place: .

Date: .

.

(Seal or stamp of the issuing authority)

(Next page of certificate)

Second periodical radio survey:

Signed: .

(Signature of authorised official issuing the endorsement)

Place: .

Date: .

.

(Seal or stamp of the issuing authority)

Third periodical radio survey:

Signed: .

(Signature of authorised official issuing the endorsement)

Place: .

Date: .

.

(Seal or stamp of the issuing authority)

Endorsement for intermediate survey

THIS IS TO CERTIFY that, at a survey as required by Regulation I/6 (1) (c), the vessel was found to comply with the relevant requirements.

Signed: .

(Signature of authorised official issuing the endorsement)

Place: .

Date: .

.

(Seal or stamp of the issuing authority)

EXEMPTION CERTIFICATE

(Official seal) (State)

for a new/existing (1) fishing vessel

Issued under the provisions of the

.

(Name of the relevant measure(s) introduced by the Member State)

and confirming compliancy of the vessel named hereafter with the provisions of Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over,

under the authority of the Government of .

(Full official designation of the Member State)

by .

(Full official designation of the competent organisation recognised under the provisions of the Council Directive 94/57/EC)

Particulars of the vessel:

Name of the shipDistinctive numbers or lettersPort of registryLength (2)

(1) Delete as appropriate in accordance with the definitions of Article 2(2) and (3).

(2) Length as defined in Article 2(6).

(Reverse of certificate)

THIS IS TO CERTIFY:

that the vessel is, under the authority conferred by Regulation ., exempted from the requirements of .

.

Conditions, if any, on which the exemption certificate is granted:

.

.

This Certificate is valid until ................................................................, subject to the certificate of compliance, to which this certificate is attached, remaining valid.

Issued .

on .

(Place of issue of certificate) (Date of issue)

.

(Signature of official issuing the certificate) and/or (Seal of issuing authority)

If signed, the following paragraph is to be added:

The undersigned declares that he is duly authorised by the said Member State to issue this certificate.

.

(Signature)

(Next page of certificate)

Endorsement to extend the validity of the certificate for a period of grace where Regulation I/11 (1) applies

This certificate shall, in accordance with Regulation I/11 (1) be accepted as valid until ................................................................ .

Signed: .

(Signature of authorised official issuing the endorsement)

Place: .

Date: .

.

(Seal or stamp of the issuing authority)

Endorsement to extend the validity of the certificate until reaching the port of survey or for a period of grace where Regulation I/11 (2) or Regulation I/11 (4) applies

This certificate shall, in accordance with Regulation I/11 (2)/Regulation I/11 (4) (1), be accepted as valid until .................................................................. .

Signed: .

(Signature of authorised official issuing the endorsement)

Place: .

Date: .

.

(Seal or stamp of the issuing authority)

(1) Delete as appropriate.

(Form of supplement to the certificate of compliance)

RECORD OF EQUIPMENT

for the certificate of compliance

This record shall be permanently attached to the certificate of compliance

Record of equipment for compliance with Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels with a length of 24 metres and over

1. Particulars of the vessel

Name of the shipDistinctive numbers or lettersPort of registryLength (1)

2. Details of life-saving appliances:

1. Total number of persons for whom life-saving appliances are provided.

Port sideStarboard side

2. Total number of lifeboats..

2.1. Total number of persons accommodated by them..

2.2. Number of partially enclosed lifeboats (Regulation VII/18)..

2.3. Number of totally enclosed lifeboats (Regulation VII/19)..

3. Number of rescue boats..

3.1. Number of boats which are included in the total number of lifeboats shown above..

4. Liferafts..

4.1. Those for which approved launching appliances are required..

4.1.1. Number of liferafts..

4.1.2. Number of persons accommodated by them..

4.2. Those for which approved launching appliances are not required..

4.2.1. Number of liferafts..

4.2.2. Number of persons accommodated by them..

(1) Length as defined in Article 2(6).

Port sideStarboard side

5. Number of lifebuoys..

6. Number of lifejackets..

7. Immersion suits..

7.1. Total number..

7.2. Number of immersion suits complying with the requirements for lifejackets..

8. Number of thermal protective aids (1)..

9. Radio installations used in life-saving appliances..

9.1. Number of radar transponders..9.2. Number of two-way VHF radiotelephone apparatus..

(1) Excluding those required by Regulation VII/17 (8) (xxi) and VII/20 (5) (a) (xxiv).

3. Details of radio facilities

ItemActual provision

1. Primary systems.

1.1. VHF radio installation.

1.1.1. DSC encoder.

1.1.2. DSC watch receiver.

1.1.3. Radiotelephony.

1.2. MF radio installation.

1.2.1. DSC encoder.

1.2.2. DSC watch receiver.

1.2.3. Radiotelephony.

1.3. MF/HF radio installation.

1.3.1. DSC encoder.

1.3.2. DSC watch receiver.

1.3.3. Radiotelephony.

1.3.4. Direct-printing radiotelegraphy.

1.4. Inmarsat ship-earth station.

2. Secondary means of alerting.

3. Facilities for reception of maritime safety information.

3.1. Navtex receiver.

3.2. EGC receiver.

3.3. HF direct-printing radiotelegraphy receiver.

ItemActual provision

4. Satellite EPIRB.

4.1. Cospas-Sarsat.

4.2. Inmarsat.

5. VHF EPIRB.

6. Vessel's radar transponder.

7. Radiotelephone distress frequency watch receiver 2 182 kHz (1).

8. Device for generating the radiotelephone alarm signal on 2 182 kHz (2).

(1) Unless another date is determined by the Maritime Safety Committee of the Organisation, this item need not be reproduced on the record attached to certificates issued after 1 February 1999.

(2) This item need not be reproduced on the record attached to certificates issued after 1 February 1999.

4. Methods used to ensure availability of radio facilities (Regulation IX/14)

4.1. Duplication of equipment: .

4.2. Shore-based maintenance: .

4.3. At-sea maintenance capability: .

THIS IS TO CERTIFY that this record of equipment is correct in all respects

Issued at .

on .

(Place of issue of record)

(Date of issue)

.

(Signature of official issuing the record)

and/or

(Seal or stamp of the issuing authority)

If signed, the following paragraph is to be added:

The undersigned declares that he is duly authorised by the said Member State to issue this record.

.

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