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Merchant Shipping legislation
30.06.2011
业务领域: 欧盟法业务, 船舶以及海商法业务

Merchant Shipping legislation
The bill related to the Port State Control [“The Merchant Shipping ( Port State Control) Law of 2011”], which had been submitted to the Parliament in March 2011, was finally approved by the (newly elected) plenary of the House on 30 June 2011, following its examination by the Standing Parliamentary Committee on Transport (“Communication and Works”). It is reminded that the aim of the new legislation is to transpose the provisions of EU “Directive 2009/16 of the European Parliament and of the Council of 23 April 2009 on port state control”. The purpose of the new provisions is to impose stricter rules and to drastically reduce substandard shipping in the waters under the jurisdiction of the Republic of Cyprus (and other EU member states) by: (a) increasing compliance with international and relevant EU legislation on maritime safety, maritime security, protection of the marine environment and on-board living and working conditions of ships of all flags; (b) establishing common criteria for the control of ships by the port State and harmonising procedures on inspection and detention, building upon the expertise and experience under the Paris Memorandum of Understanding on Port State Control (MoU); (c) implementing, within the Union, a port State control system based on the inspections performed within the EU and the Paris MoU region, aiming at the inspection of all ships with a frequency depending on their risk profile, with ships posing a higher risk being subject to a more detailed inspection carried out at more frequent intervals.

It is also noted that, by the entry into force of the said Act (following its publication in the Official Gazette of the Republic), the previous legislation on Port State Control [Law 47(I)/2001 as consequently amended by Law 27(I)/2004 and Law 60(I)/2009] shall be repealed.

Another bill regulating merchant shipping issues, under the title “The Merchant Shipping (Recognition and Authorization of Organizations) Law of 2011”, was submitted to the Parliament also on 30 June 2011 and it is currently pending before the Parliamentary Committee on Communication and Works. The aim of the said bill is to set rules and standards for ship inspection and survey organisations, namely the classification societies, and to regulate their relationship with the relevant state authorities, thus ensuring compliance of Cyprus legislation with the relevant EU Directive.
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