Shipping & Transport, Cyprus, Elias Neocleous & Co LLC updates

Arrest of ships and orders prohibiting dealings with Cyprus-registered ships
Elias Neocleous & Co LLC
  • Cyprus
  • 11 November 2020

The admiralty division of the Supreme Court recently issued a judgment confirming that a warrant of arrest may be issued only in in rem proceedings against a vessel itself. The case concerned a dispute of the company shareholders which owned the Cyprus-registered vessel Mediterranean Diamond. The sole defendant in the proceedings was the shipowning company.

Entry into force of amendments to Code of the Maritime Labour Convention
Elias Neocleous & Co LLC
  • Cyprus
  • 21 October 2020

The Shipping Deputy Ministry recently issued Circular 20/2020, notifying interested parties of the entry into force of the 2018 amendments to the Code of the Maritime Labour Convention 2006. The amendments will enter into force on 26 December 2020. In essence, the amendments aim to provide additional protection to seafarers in the event that they are held captive as a result of acts of piracy or armed robbery against ships.

Cyprus ship registry: updates on precautions for mariners in relation to COVID-19
Elias Neocleous & Co LLC
  • Cyprus
  • 29 April 2020

The Shipping Deputy Ministry recently informed the registered owners, charterers, ship managers and representatives of Cyprus-flagged ships of a number of new circular letters issued by the International Maritime Organisation. All owners and managers of Cyprus-flagged ships are advised to take note and implement the measures contained in the circular letters and the interim advice for ship operators prepared at the request of the Directorate General for Health and Food Safety.

Shipping Deputy Ministry extends payment deadlines due to COVID-19
Elias Neocleous & Co LLC
  • Cyprus
  • 22 April 2020

In order to support shipping companies and owners of Cyprus-flagged ships and mitigate the difficulties arising from the COVID-19 outbreak, the Shipping Deputy Ministry has extended the deadline for paying tonnage tax for Cyprus ships and the Register of Cyprus Ships annual maintenance fee to 31 May 2020. The ministry has also introduced special arrangements in order to protect public health and limit the spread of the virus.

Maritime cyber-risk management in safety management systems
Elias Neocleous & Co LLC
  • Cyprus
  • 25 March 2020

The Shipping Deputy Ministry recently issued a circular on cyber risk which recognises the need to raise awareness of cyber-risk threats and vulnerabilities to support safe and secure shipping. 'Maritime cyber risk' refers to a measure of the extent to which a technology asset could be threatened by a potential circumstance or event, which may result in shipping-related operational, safety or security failures as a consequence of information or systems being corrupted, lost or compromised.

Tonnage tax scheme extended until 31 December 2029
Elias Neocleous & Co LLC
  • Cyprus
  • 11 March 2020

The Shipping Deputy Ministry has issued Circular 1/2020 informing shipowners, charterers and ship managers that, following the formal assessment of the Cyprus tonnage tax scheme, the European Commission has concluded that Cyprus's relevant scheme is compatible with the internal market and in line with the Guidelines on State Aid to Maritime Transport.

Coronavirus – possible effects on contracts and precautions for mariners
Elias Neocleous & Co LLC
  • Cyprus
  • 04 March 2020

The Deputy Ministry of Shipping recently issued a circular on measures to minimise the risks of coronavirus to seafarers, passengers and others on board ships and directed interested parties to the International Maritime Organisation's (IMO's) Circular Letter 4204, which provides additional guidance on how to minimise the risks to the maritime industry. All owners and managers of ships flying the Cyprus flag are strongly urged to promulgate the information in IMO Circular Letter 4204.

New regulations on fees and dues for ocean-going commercial ships
Elias Neocleous & Co LLC
  • Cyprus
  • 06 November 2019

The Shipping Deputy Ministry recently issued the Merchant Shipping (Fees and Dues with respect to Ocean Going Commercial Cyprus Ships) Regulations, which contain the new fees and charges payable for ocean-going commercial ships registered in Cyprus. In particular, the regulations cover fees concerning the registration of ships and other transactions with the shipping registry (eg, ship certificates and applications for the transfer of ownership or name change of a ship).

Brexit's potential impact on shipping in Cyprus
Elias Neocleous & Co LLC
  • Cyprus
  • 21 August 2019

In an effort to minimise disruption to the shipping industry deriving from Brexit, the Shipping Deputy Ministry has undertaken a number of contingency measures. However, the ministry has emphasised that affected parties must also make their own preparations for the United Kingdom's withdrawal from the European Union and that where new authorisations, licences or certificates will be required post-Brexit, each party will be responsible for applying in good time.

New policy on registering vessels in Cyprus Register of Ships
Elias Neocleous & Co LLC
  • Cyprus
  • 12 June 2019

The Deputy Ministry of Shipping recently updated its policy on the eligibility of ships to be registered under the Cyprus flag. The policy stipulates additional requirements beyond those set out in the Merchant Shipping Registration of Ships, Sales and Mortgages Law and should therefore be read in conjunction with the relevant legal provisions.

Court applies international collision regulations and considers subrogation
Elias Neocleous & Co LLC
  • Cyprus
  • 22 May 2019

The admiralty jurisdiction of the Supreme Court recently ruled in a case concerning a marine accident which occurred when the bow of a sailing boat rammed the starboard side of a speedboat. It was highly disputed whether the sailing boat had been simultaneously using open sails and its engine. In reaching its conclusion, the court considered the evidence and the Rules of the Convention on the International Regulations for Preventing Collisions at Sea.

New form introduced for safety management and port facility security requirements
Elias Neocleous & Co LLC
  • Cyprus
  • 01 May 2019

The Deputy Ministry of Shipping recently announced its decision to replace the International Safety Management Code Form and the International Ship and Port Facility Security Code Form with a new consolidated form in an effort to reduce paperwork and avoid the duplication of information. All interested entities are requested to use the new form to declare the particulars of companies or ships under the code and to comply with relevant circulars.

International Safety Management Code – instructions for recognised organisations
Elias Neocleous & Co LLC
  • Cyprus
  • 06 March 2019

The Cyprus Flag Administration recently imposed additional requirements on the development, implementation and certification of safety management systems over and above those which have been set out in the International Safety Management Code since 1998. The consolidated edition of the additional requirements replaces a previous version published in 2006 and recognised organisations are required to implement its terms and conditions immediately.

Safety zone in Cyprus Continental Shelf and exclusive economic zone – Stena IceMax
Elias Neocleous & Co LLC
  • Cyprus
  • 06 February 2019

The recent Ministerial Order on Safety Zones was published with the purpose of ensuring the safety of the Stena IceMax drillship and the safety of navigation during the period that it will be used to drill in the Cyprus Continental Shelf and exclusive economic zone. The order establishes a safety zone at a distance of 500 metres from the drillship. Unless a vessel has obtained the requisite licence from the Deputy Ministry of Shipping, it cannot (bar a few exceptions) enter, navigate or remain within the safety zone.

Amendments to the Code of the Maritime Labour Convention enter into force
Elias Neocleous & Co LLC
  • Cyprus
  • 30 January 2019

The Deputy Ministry of Shipping (DMS) recently issued the 2016 Amendments to the Code of the Maritime Labour Convention. The amendments affect maritime labour certificates and declarations of maritime labour compliance. In this regard, the DMS has announced that existing certificates and declarations will remain valid until their expiry date.

Tonnage tax – maintenance of prescribed levels of EU-flagged vessels
Elias Neocleous & Co LLC
  • Cyprus
  • 23 January 2019

The Merchant Shipping (Fees and Taxing Provisions) Law 2010 requires that, in order to qualify for the tonnage tax scheme, EU-flagged ships must account for at least a specified minimum percentage of the taxpayer's fleet. The Deputy Ministry of Shipping recently announced the outcome of its review of companies that entered the tonnage tax system between 1 January 2015 and 1 January 2016.

Tonnage tax: countries whose ships are subject to surcharge
Elias Neocleous & Co LLC
  • Cyprus
  • 19 December 2018

The Merchant Shipping (Fees and Taxing Provisions) Law 2010 imposes a surcharge on the tonnage tax payable on qualifying vessels registered in countries which appear on the 'grey list' or 'black list' of the Paris Memorandum of Understanding. On the basis of the 2017 annual report of the Paris Memorandum of Understanding, the Deputy Ministry of Shipping has determined a list of flags that are included in the relevant grey or black list for the purposes of calculating tonnage tax for 2018.

Publication of latest Central Bank of Cyprus ship management survey
Elias Neocleous & Co LLC
  • Cyprus
  • 21 November 2018

Cyprus is one of the world's most important locations for ship management, with approximately 60 ship management companies operating in its territory. Since 2009 the Central Bank of Cyprus's statistics department has carried out semi-annual market surveys which collect data on the financial transactions between Cyprus's resident ship management companies and non-residents of Cyprus. The most recent survey, which covers the first half of 2018, was published on 1 November 2018.

Ballast Water Management Convention enters into force
Elias Neocleous & Co LLC
  • Cyprus
  • 24 October 2018

The Deputy Ministry of Shipping recently announced that the International Convention for the Control and Management of Ships' Ballast Water and Sediments will enter into force in Cyprus on 8 November 2018. The Cyprus shipping authorities will apply the requirements of the convention to ships that fly the flag of a country which is not a party to the convention to the extent necessary to ensure that they are not treated more favourably than ships flying the flag of parties to the convention.

English translation of merchant shipping law made available
Elias Neocleous & Co LLC
  • Cyprus
  • 10 October 2018

The Deputy Ministry of Shipping has announced that an English translation of the Merchant Shipping (Recognition and Authorisation of Organisations) Law 2011 is now available on its website. The law sets out common rules and standards for organisations that inspect and survey Cyprus-flagged ships and regulates dealings between such organisations and the Cyprus Maritime Administration. The definitive text of the law is in Greek and the translation is for information purposes.

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