The Croatian Legal Framework for the Prevention of Pollution from Ships

EUROPEAN MARITIME DAY

EU MARITIME LAW AND POLICY

PROTECTION OF THE MARINE ENVIRONMENT, SAFETY AT SEA, PORTS AND THE ADRIATIC /MEDITERRANEAN SEA

Portorož, Slovenia, 18 May 2012

Prof. D. Ćorić

Faculty of Law, University of Rijeka

Croatian Maritime Law Association

IMO CONVENTIONSIMO CONVENTIONS

MARPOLMARPOL

AFS ConventionAFS Convention

BWM ConventionBWM Convention

OPRC ConventionOPRC Convention

CLC/FUNDCLC/FUND

BUNKER BUNKER

HNS ConventionHNS Convention

Erika I – port state control, classification

societies, phasing out of single-hull

tankers

Erika II – EMSA, traffic monitoring

(including PoR)

Erika III – responsibility of flag states,

accident inspections, classification

societies, port state control, traffic

monitoring

Prestige measure – criminal sanctions for

ship-source pollution

EU

LEGISLATION

The Croatian LawMaritime Act,Environment ProtectionAct ,Single-Hull Tankers Act

International RegulationsAdoption of relevantIMO Conventions

EU RegulationsHarmonisation

Regional Cooperation

UNCLOS

MARPOL 73/78MARPOL 73/78

-- the most comprehensive initiative to regulate and minimise pollthe most comprehensive initiative to regulate and minimise pollution from shipsution from ships

Republic of CroatiaRepublic of Croatia has ratified MARPOL including all the Annexes and has substanhas ratified MARPOL including all the Annexes and has substantially tially incorporeted the Convention into its legislation.incorporeted the Convention into its legislation.

EZ Regulation 1726/2003EZ Regulation 1726/2003

Strengthening the Standards for the Transport of Oil in SStrengthening the Standards for the Transport of Oil in Single Hull Tankers ingle Hull Tankers

-- requires that only vessels equipped with a double hull are entitrequires that only vessels equipped with a double hull are entiteled to carry eled to carry HGO within or from the EU,HGO within or from the EU,

Republic of Croatia Republic of Croatia The The PPhasinghasing--out out SSingleingle-- HHull ull TTankers Act, 2004 ankers Act, 2004

EZ Directive 2005/35 on shipEZ Directive 2005/35 on ship--source pollution and introduction of criminal source pollution and introduction of criminal penalities penalities

-- extended the possibility of criminal prosecution to all seafarerextended the possibility of criminal prosecution to all seafarers and onshore s and onshore personnel for their conduct and actions in pollution incidents apersonnel for their conduct and actions in pollution incidents and oil discharges, nd oil discharges, -- discharge of polluting substances (oil or other noxious substandischarge of polluting substances (oil or other noxious substances) will be ces) will be criminal offence if commited with the intent, recklessly or as acriminal offence if commited with the intent, recklessly or as a result of result of negligent behaviour.negligent behaviour.

Republic of Croatia Republic of Croatia Administrative and criminal sanctions may be delivered for violaAdministrative and criminal sanctions may be delivered for violation tion of MARPOL discharge criteriaof MARPOL discharge criteria

-- Order Order that prohibits navigation in internal that prohibits navigation in internal

waters and the territorial sea of the Republic of waters and the territorial sea of the Republic of

Croatia to ships older than 25 years when Croatia to ships older than 25 years when

carrying oil, dangerous substances and carrying oil, dangerous substances and

liquefied gas in bulk.liquefied gas in bulk.

-- Compulsory coastal pilotage for all ships Compulsory coastal pilotage for all ships

carrying dangerous or noxious substancescarrying dangerous or noxious substances

Control of Harmful Antifouling Systems on Control of Harmful Antifouling Systems on

ShipsShips

-- International Convention on the Control of International Convention on the Control of

Harmful AntiHarmful Anti--Fouling Systems on Ships Fouling Systems on Ships (AFS (AFS

Convention)Convention)

-- Regulation (EC) 782/2003 Regulation (EC) 782/2003 on prohibition of on prohibition of

organotin compounds on shipsorganotin compounds on ships (AFS Convention has (AFS Convention has

been transposed into EU legislation)been transposed into EU legislation)

Republic of Croatia has ratified AFS Convention Republic of Croatia has ratified AFS Convention

-- croatian ships and other ships visiting croatian ports are croatian ships and other ships visiting croatian ports are

obliged:obliged:

-- not to bear antinot to bear anti--fouling systems containing harmful fouling systems containing harmful

compounds, orcompounds, or

-- to bear a coating that forms a barrier to such to bear a coating that forms a barrier to such

compoundscompounds

BALLAST WATERBALLAST WATER-- The International Convention for the Control and Management of The International Convention for the Control and Management of ShipsShips’’ Ballast Water ans Sediments Ballast Water ans Sediments (BWM Convention),(BWM Convention), 20042004

-- exchange of ballast water in the open oceanexchange of ballast water in the open ocean

Republic of Croatia Republic of Croatia

-- has ratified BMW Convention (has ratified BMW Convention (not yet in not yet in forceforce) )

““ballast water exchange standard for ballast water exchange standard for

ships entering croatian coastal seaships entering croatian coastal sea””

((Regulation on Ballast Water Management and Regulation on Ballast Water Management and

Inspection Inspection –– Official Gazette No.55/07)Official Gazette No.55/07)

Traffic Separation Schemes Traffic Separation Schemes

TSS Northern Adriatic in force since 1 December 2004TSS Northern Adriatic in force since 1 December 2004

ADRIREP

Mandatory Ship Reporting System in the Adriatic Sea

-adopted by the IMO Maritime Safety on the 5 December 2002

- entered into force 1st July 2003

Participating: Italy, Slovenia, Albania, Monte Negro and Croatia

APPLIES:

- All oil tanker ships of 150 GT and above.

- All ships of 300 GT and above, carrying on board, as cargo, dangerous or polluting goods, in bulk or in package

Croatian Vessel Traffic SystemCroatian Vessel Traffic System

• The establishment of VTS is based on the- VTMIS Directive and- Chapter V of the SOLAS Convention.

The system provides:- information service,- navigational assistance,- traffic organization service.

Main goals:- improvement of maritime safety and prevention of pollution from ships

Regulation on Place of RefugeRegulation on Place of Refuge

((Official Gazette, No. 3/08Official Gazette, No. 3/08))

LIABILITY FOR POLLUTION LIABILITY FOR POLLUTION FROM SHIPSFROM SHIPS

Civil Liability for Pollution from Ships

CLC 1992

FUND 1992

FUND 2003

Bunker 2001 HNS

1996

IN FORCEIN FORCE NOT YET IN FORCE

OIL BUNKER

OIL

HAZARDOUS

AND NOXIOUS

SUBSTANCES

•• Strict liability (i.e. Liablity regardless of Strict liability (i.e. Liablity regardless of

fault)fault)

•• Owner entitled to limit his liablityOwner entitled to limit his liablity

•• Prompt compensation of victimsPrompt compensation of victims

•• Compulsory liability insuranceCompulsory liability insurance

Response to pollution incidentsResponse to pollution incidents

Contingency Plan for Accidental Marine Contingency Plan for Accidental Marine

Pollution in the Republic of CroatiaPollution in the Republic of Croatia

((Official Gazette, No. 92/08)Official Gazette, No. 92/08)

SubSub--regional Contingency Plan regional Contingency Plan

((signed in the framework of the Trilateral signed in the framework of the Trilateral

Commission (SloveniaCommission (Slovenia-- ItalyItaly-- Croatia)Croatia)

How to improve the level of How to improve the level of

navigational safety and marine navigational safety and marine

protection?protection?

-- Enforcement of legislation,Enforcement of legislation,

-- Continued development of control Continued development of control

procedures for the prevention and physical procedures for the prevention and physical

removal of harmful substances from sea,removal of harmful substances from sea,

-- Collaboration from all Adriatic states.Collaboration from all Adriatic states.

Thank you for your attention!

Prof. Dorotea Ćorić

Faculty of Law, Rijeka

dcoric@pravri.hr