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  • KLAS KURULUŞLARI HAKKINDAKI 94/57/EC SAYILI AB KON

KLAS KURULUŞLARI HAKKINDAKI 94/57/EC SAYILI AB KON

Sayın Üyemiz, Gemilerin denetlenmesi, sörveyleri ve denizcilik idarelerinin faaliyetleriyle ilgili olarak ortak kurallar ve standartlar sağlayan, klas kuruluşları hakkındaki 22 Kasım 1994 tarih ve 94/57/EC sayılı AB Konsey Direktifinin (AB Resmi Gazetesi 12.12.1994/L319) Madde 6'sında yapılan değişiklikleri belirtir İngilizce metin (Ek-1) ve Odamızda yapılan Türkçe çevirisi ilişikte sunulmaktadır (Ek-2).   Bilgilerinizi rica ederiz. Saygılarımızla, Deniz İPEK Genel Sekreter                               ******************* EKLER: EK-1: Madde 6 İngilizce metin EK-2: Türkçe çevirisi EK - 1   5. Article 6 shall be amended as follows:    a)      Paragraph 2 shall be replaced by the following: "2. The working relationship shall be regulated by a formalised, written and nondiscriminatory agreement or equivalent legal arrangements setting out the specific duties and functions assumed by the organisations and including at least: -         the provisions set out in Appendix II of IMO Resolution A.739(18) on guidelines for the authorisation of organisations acting on behalf of the administration, as specified in the Annex, Appendixes and Attachment to IMO MSC/Circular 710 and MEPC/Circular 307 on model agreement for the authorisation of recognised organisations acting on behalf of the administration, -         the following provisions concerning the limitation of the financial liability: (i)                  if liability arising out of any incident is finally and definitely imposed by a court of law on the Administration for loss or damage to property or personal injury or death, which is proved in that court of law to have been caused by a wilful act or omission or gross negligence of the recognised organisation, its bodies, employees, agents or others who act on behalf of the recognised organisation, the Administration shall be entitled to indemnification from the recognised organisation to the extent said loss, damage, injury or death is, as decided by that court, caused by the recognised organisation; (ii)                if liability arising out of any incident is finally and definitely imposed by a court of law on the Administration for personal injury or death, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the Administration shall be entitled to indemnification from the recognised organisation, to the extent said personal injury or death is, as decided by that court, caused by the recognised organisation, up to but not exceeding an amount of € 5 million; (iii)               if liability arising out of any incident is finally and definitely imposed by a court of law on the Administration for loss or damage to property, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the Administartion shall be entitled to indemnification from the recognised organisation, to the extent said loss or damage is, as decided by that court, caused by the recognised organisation, up to but not exceeding an amount of € 2.5 million;   (iv)              neither party shall be liable to the other for any special, indirect or consequential losses or damages resulting from or arising out of services performed under the agreement, including without limitation loss of profit, loss of production, loss of contract, loss of use, business interruption or any other special, indirect or consequential losses suffered or incurred by any party howsoever caused;    (v)                without prejudice to what is stated above, for any claim arising out of the recognised organisation's performance or non-performance under this Agreement, the