June 13 2012
New legislation on the measures to be taken to protect Cyprus ships from acts of piracy and other illegal acts is passing through Parliament.
The draft law affirms the general principle that necessary measures must be taken for the safety of ships and the prevention of illegal acts in accordance with Chapter XI-2 of the International Convention for the Safety of Life at Sea, the International Ship and Port Facility Security Code and EC Regulation 725/2004. Additional measures, including the use of private security firms, may be taken when a vessel enters a high-risk area. The draft law sets out:
The draft law also deals with the obligation to compensate persons onboard Cyprus ships for damage resulting from the fault or negligence of servants of private security contractors. Contractors may contractually limit their liability, and the shipowner and the person controlling the ship may rely on the limitations contained in the Convention on Limitation of Liability for Maritime Claims 1976 (as amended by the 1996 protocol), which covers claims in respect of loss of life, personal injury and damage to property.
The Merchant Shipping (Shipowners' Insurance for Maritime Claims) Law 2012, which transposed EU Directive 2009/20/EC into Cyprus law, requires that owners of ships of 300 gross tonnes or more that fly the Cyprus flag or, irrespective of flag, call at Cyprus ports or operate within Cyprus's territorial waters, must have insurance in place in respect of such claims that covers the relevant limits laid down in the convention.
For further information on this topic please contact Costas Stamatiou or Vassilis Psyrras at Andreas Neocleous & Co LLC by telephone (+357 25 110 000), fax (+357 25 110 001) or email (email@example.com or firstname.lastname@example.org).
ILO provides online commentaries as specialist Legal Newsletters. Written in collaboration with over 500 of the world's leading experts and covering more than 100 jurisdictions, it delivers individually requested information via email to an influential global audience of law firm partners and international corporate counsel. Please click here to register for the service.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription. Register at www.iloinfo.com.