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The Merchant Shipping (Compliance with Flag State Requirements) Order of 2016

Article 5 of the Merchant Shipping (Compliance with Flag State Requirements) Law of 2012 requires the Department of Merchant Shipping to take steps to ensure that ships accepted for registration under the Cyprus flag comply with prescribed international conventions before they are allowed to commence operations. Article 2(1) of the law provides for the Minister of Transport, Communications and Works to determine the relevant conventions and to publish a Ministerial Order in the government gazette listing them.

The previous list, which was published in 2012, has been updated to include the Maritime Labour Convention of 2006 and the Nairobi International Convention on the Removal of Wrecks of 2007, and the new prescribed list of conventions has now been published as the Merchant Shipping (Compliance with Flag State Requirements) Order of 2016 (P.I. 350/2016).

The full list of the international conventions coming under the scope of application of the law is as follows:

·         the International Convention for the Safety of Life at Sea of 1974;

·         the International Load Lines Convention of 1966;

·         the International Convention for the Prevention of Pollution from Ships of 1973 and its 1978 Protocol;

·         the International Convention on Tonnage Measurement of Ships of 1969;

·         the Convention on International Regulations for Preventing Collisions at Sea of 1972;

·         the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers of 1978;

·         the Special Trade Passenger Ships Agreement 1971 and the Protocol on Space Requirements for Special Trade Passenger Ships 1973;

·         the International Convention on the Control of Harmful Anti-fouling Systems on Ships of 2001;

·         the International Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter of 1972;

·         the International Convention on Civil Liability for Oil Pollution Damage of 1992;

·         the International Convention for the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971 and its Protocols of 1976 and 1992;

·         the International Convention on Civil Liability for Bunker Oil Pollution Damage of 2001;

·         the International Convention on Maritime Search and Rescue of 1979;

·         the International Convention for Safe Containers of 1972;

·         the Convention on Facilitation of International Maritime Traffic of 1965 and its Amendments of 1969 to 1996;

·         the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea of 1996;

·         the Maritime Labour Convention of 2006; and

·         the Nairobi International Convention on the Removal of Wrecks of 2007.

In each case the term “international convention” includes the current relevant ancillary documents such as codes, standards, or recommendations.