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Accession to the 2007 Nairobi International Convention on the Removal of Wrecks

The Nairobi International Convention on the Removal of Wrecks, which was adopted on May 18 2007, entered into force on April 14 2015, a year after gaining approval from the requisite number of countries. Cyprus had not ratified the Convention by the time it entered into force, but has since done so, by means of Law 12(III) of 2015, The Nairobi International Convention on the Removal of Wrecks (Ratification) and for Matters Connected Therewith Law of 2015, which was promulgated on May 29 2015.

The Convention will enter into force for the Republic of Cyprus on 22 October 2015 in accordance with article 18(2) of the Convention. With effect from that date Cyprus-flagged vessels with a gross tonnage of 300 tonnes or more and vessels, irrespective of flag, with a gross tonnage of 300 tonnes or more calling at Cyprus ports or located within the territorial sea of the Republic of Cyprus must carry a certificate attesting that insurance is in place in accordance with the provisions of Article 12 of the Convention. Vessels that fail to produce the requisite certificate will be liable to criminal and administrative sanctions including an administrative fine, prohibition of sailing, and refusal of access to a port under Law 12(III) of 2015.

 

Cyprus-flagged vessels

Cyprus-flagged vessels are required to obtain the Wreck Removal Certificate provided for in article 12(2) of the Convention from the Department of Merchant Shipping (“DMS”) in good time in order to ensure compliance with Law 12(III) of 2015 by 22 October 2015. Early submission of applications is advised.

 

Wreck Removal Certificates obtained by Cyprus-flagged vessels from the maritime authorities of any other State Party to the Convention before Cyprus ratified it will be accepted by the DMS until they expire and do not need to be re-issued or replaced. On expiry the certificate should be replaced by one issued by the DMS. Similarly, if there is any need for a certificate to be re-issued (for example as a result of a transfer of ownership, change of name or change of the insurance provider), the new certificate should be issued by the DMS.

A combined application form for the issuing to a Cyprus-flagged vessel of a Wreck Removal Certificate and the other compulsory insurance certificates required by Cyprus (under the 2001 International Convention on Civil Liability for Bunker Oil  Pollution, the 1992 International Convention on Civil Liability for Oil Pollution Damage and the Athens Passenger Liability Regulation (EC) No 392/2009)  is available on the DMS website. A fee of €60 is payable for each certificate.

 

Other vessels                                                                                                                                                      

Non-Cyprus flagged vessels calling at Cyprus ports or located within the territorial sea of the Republic of Cyprus are required to hold a Wreck Removal Certificate issued by the maritime authorities of their flag state or, if their flag state is not a party to the Convention, by the maritime authorities of a party to the Convention. The DMS will issue Wreck Removal Certificates to such vessels for a fee of €180 provided they hold a Blue Card issued by a member of the International Group of P&I Clubs or by another approved insurance provider, and provided they are not flying a flag that appears in the Black List of the Paris MOU according to the Annual Report of the Paris MOU for the year preceding the date of the request.

The DMS will also issue Bunkers Certificates and Athens Passenger Liability Regulation Certificates to such vessels.