1. Reasons for Amendment

The Ship Safety Act was amended (Act No. 19134; promulgated on December 27, 2022; to be enforced on June 28, 2023) to strengthen container safety control and improve the type approval system. Accordingly, this Amendment modifies the type approval of articles for ship use and small ships/containers and the relevant systems, prescribes performance inspections for quality control of type approvals, and stipulates registration standards and procedures for safety checkup business operators to ensure the safety of containers.

It also incorporates amendments to the International Convention on Load Lines and other international agreements, unifies standards on hull thickness measurements that vary across agencies that conduct ship surveys on behalf of the government, and addresses and improves upon a number of other weaknesses that have emerged from the operation of the ship survey system.

2. Major Provisions

A. Application and processing procedure for status succession of type approvals for articles for ship use or small ships/containers (Article 36-2, Article 56-2, and attached Form 38-2 newly inserted)

Require any person who wishes to take over the status of a type approval of articles for ship use or a small ship or container to file a declaration with the regional office by completing a declaration form accompanied by documentary evidence. Prescribe that the regional office shall issue a certificate of type approval after checking the information submitted.

B. Standards and procedures for performance inspections of articles for ship use, etc., and containers that have undergone type approval and examination (Article 42-5, Article 57-3 newly inserted)

Specify grounds for performance inspections, such as cases where the type approval of articles for ship use or a container is revoked, or where a defect is identified by a public official. Prescribe that an order for suspension of sale, recall, exchange, or disposal shall be issued where a performance inspection finds a structural defect that affects the quality of goods produced using the same process.

C. Criteria for revocation and suspension of validity of type approvals (Article 46, Article 60, attached Table 19, attached Table 29 amended)

Modify the criteria for revocation and suspension of validity of type approvals, such as by prescribing that only type approvals obtained by fraudulent or unlawful means shall be grounds for revocation, and stipulate that the revocation of the pass result in the type approval test shall also be announced when revoking a type approval.

D. Prescribe procedures and standards for container type modification approvals and renewals (Article 56, Article 57 amended, Article 57-2 newly inserted, attached Form 45-2, attached Form 58 amended)

Prescribe that a renewal application shall be filed with the regional office when the newly inserted 5-year term of validity for container type approvals has lapsed, and require renewals to be processed via document screening and on-site evaluations. Specify that the Minister of Oceans and Fisheries shall determine and announce matters that shall undergo separate type approval tests when an application for type approval modification is submitted, and otherwise clarify standards.

E. Registration standards for container safety checkup business operators (Article 63 amended, Article 63-2, attached Table 29-2, attached Table 29-3, attached Form 65-2, attached Form 65-3 newly inserted)

Prescribe registration standards including personnel, facility, and equipment requirements to replace existing personnel requirements for container safety checkup business operators. Specify requirements for revocation or suspension of registration where a registration has been filed by fraudulent or unlawful means or where registration standards are not met.

F. Procedure for approval of modifications to the container safety checkup method (Article 65, attached Form 66 amended)

Modify the approval procedure and relevant form for applications to modify the container safety checkup method, and prepare a revocation procedure for fraudulent/unlawful applications.

G. Guidance and supervision of container owners and safety checkup business operators (Article 66 amended)

Require the head of the regional office to review the safety checkup method during the yearly guidance and supervision when 10 years have lapsed since the approval of the container safety checkup method. Prescribe that for safety checkup business operators as well as persons who have obtained a safety checkup method approval, the head of the regional office may check matters concerning the delegation of safety checkups and request improvement or correction as necessary.

H. Prescribe the method and standards for container safety measures (Article 67, attached Form 68 amended)

Require the Minister of Oceans and Fisheries to determine and announce verification standards and procedures for containers entering domestic ports, and modify procedures for the relevant safety measures.

I. Incorporate amendments to agreements and address weaknesses in the operation of the ship survey system (attached Table 3, attached Table 15-2 amended, attached Forms 10 and 12, attached Forms 14, 14-2, 21, 23, and 26 amended)

Reflect changes to the scope of the Southern Winter Seasonal Zone to which the load line applies under the International Convention on Load Lines, and changes (7 items) made to certificate forms in the International Convention for the Safety of Life at Sea. Unify standards on hull thickness measurements that vary across agencies performing ship surveys on behalf of the government.