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New proposals on respect for Maritime Labour Convention

Too ensure that ships entering EU ports respect MLC The European Commission has proposed new rules to ensure that ships entering EU ports respect the Maritime Labour Convention (MLC). This convention, established by the International Labour Organisation (ILO), sets minimum standards on working conditions for sailors, particularly regarding hours of work and rest, lodgings, food, health protection and health care. Its transposition into Community law was the subject of an agreement between social partners in November 2007, and led to Directive 2009/13 on the MLC.The Commission's proposals concern two key pieces of legislation on maritime security: Directives 2009/16/EC on port state control and 2009/21/EC on the responsibilities of flag states. The aim of amending these directives is to clarify the responsibilities of port states and flag states in the implementation of Directive 2009/13.Notably, the Commission wants flag states to establish inspection systems to ensure that living and working conditions for seafarers comply with Directive 2009/13. The proposal on port state control also amends Directive 2009/16/EC by incorporating the requirement under the MLC for ships of 500 GT and above to carry a maritime labour certificate, and a declaration of maritime labour compliance attesting to compliance with the MLC.In 2011, the ...

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EU issues further sanctions in respect of Iran

The EU has now issued the anticipated implementing regulation The EU has now issued the anticipated implementing regulation (No 267/2012) envisaged in its Council Decision 2012/35/CFRSP of 23 January 2012. The regulation is effective from 24 January 2012, and applies directly within the EU without the need for further implementing legislation. It updates some existing restrictive measures against Iran and imposes the anticipated ban against Iranian crude oil and petroleum and petrochemical products.ApplicationThe regulation applies:(a) within the territory of the Union, including its airspace;(b) on board any aircraft or any vessel under the jurisdiction of a Member State;(c) to any person inside or outside the territory of the Union who is a national of a Member State;(d) to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;(e) to any legal person, entity or body in respect of any business done in whole or in part within the Union.It also includes prohibitions against attempts to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures in the regulation.General trade restrictions on exports and importsThe regulation does not ...

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European Commission proposes tighter laws on ship breaking

Laws for safe and environmental friendly working conditionals in shipbreaking yards The European Commission proposed new rules to ensure that European ships are only recycled in facilities that are safe for workers and environmentally sound.More than 1000 large old commercial ships, such as tankers and container vessels, are recycled for their scrap metal every year, but many European ships end up in substandard facilities on the tidal beaches of South Asia. These facilities mostly lack the environmental protection and safety measures needed to manage the hazardous materials contained in end-of-life ships. These include asbestos, polychlorinated biphenyls (PCBs), tributyl tin and oil sludge. This leads to high accident rates and health risks for workers and extensive environmental pollution.The new rules, which will take the form of a Regulation, propose a system of survey, certification and authorisation for large commercial seagoing vessels that fly the flag of an EU Member State, covering their whole life cycle from construction to operation and recycling.This system builds upon the Hong Kong Convention for the safe and environmentally sound recycling of ships, which was adopted in 2009. Today's proposal aims to implement the Convention quickly, without waiting for its ratification and entry into force, a process ...

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EU Extends Counter Piracy Mission Off Coast of Somalia

Until December 2014 On Friday 23 March 2012 the Council of the European Union confirmed its intention to extend the EU Naval Force (EU NAVFOR) counter-piracy mission, Operation ATLANATA off the Somali coast until December 2014. At the same time the Council also extended the area of operations to include Somali coastal territory and internal waters.Today's decision will enable Operation Atalanta Forces to work directly with the Transitional Federal Government and other Somali entities to support their fight against piracy in the coastal areas. In accordance with the relevant UN Security Council resolutions, the Somali government has notified the UN Secretary General of its acceptance of the EU's offer for this new collaboration.Speaking about the extension of the mandate and area of operations, Rear Admiral Duncan Potts, who is the Operational Commander of the EU Naval Force, said "The extension of the mandate until the end of 2014 confirms the EU's commitment to fighting piracy off the Horn of Africa. Piracy has caused so much misery to the Somali people and to the crews of ships transiting the area and it is right that we continue to move forward in our efforts".Source: EUNAVFOR

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Shipping Divided Over New EU Rules to Fight Piracy

Many feel it is not clear what the extension to Somali coastal territory will involve While some industry players have praised the European Union decision to allow EU Navfor to fight piracy on Somali soil as a "step in the right direction", others say they need to see more detail before they can support the move.The EU confirmed today that it had extended the area of operations to include Somali coastal land and internal waters. At the same time, it said that Operation Atalanta would continue off the Somali coast until December 2014.Although shipping sources have welcomed the extension of the Operation Atalanta mandate, many feel it is not clear what the extension to Somali coastal territory will involve.BIMCO chief maritime security officer Giles Noakes said the statement from the EU was too vague and this made it difficult for anyone to make a definite comment."All it suggests is that forces will operate beyond the waters and into coastal territory. That is not to say this is not good news," he said."If it means that they will focus on targeting pirates' logistical operations then this is a step in the right direction. After all, historically, pirates have only ever been ...

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European Commission to issue ship recycling regulation

It will be based largely on the implementation of the IMOs Hong Kong Convention In an announcement at the TradeWinds Ship Recycling Forum in Singapore last week, the European Commission's Ms. Soledad Blanco announced that it has finalised its regulation to implement European ship recycling regulations, which would be based largely on the implementation of the IMO's Hong Kong Convention (on Ship Recycling).The announcement came at the opening of a panel discussion on the legal aspects related to ship recycling. Blanco explained that the Commission would present the regulation to the Parliament in May and, once approved, it would enter into force around 2013 or 2014.The principle of the regulation would be to enact the Hong Kong Convention in Europe. This would mean European-flagged ships would need to have an Inventory of Hazardous Materials (IHM) on board and then recycle their vessels at a recycling facility approved by the European Commission. This facility could be anywhere in the world and ship recycling would not be limited to European-based facilities.It is worth mentioning that so far European Commission was discussing the implementation of the Basel Convention and its possible application to ships, however such a development rules out all these developments. ...

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EU set to back strikes on Somali pirate lairs

Thus widening the scope of its naval operations The European Union will likely approve plans Friday to strike Somali pirate equipment on beaches, widening the scope of its naval operations four years into a mission to protect shipping.Germany had voiced reservations about plans to allow EU warships to fire at trucks, supplies, boats and fuel stowed on the coast of Somalia, but a minister indicated Thursday that Berlin would now back the plans."I expect that we will find a consensus," German deputy defence minister Christian Schmidt told reporters on arrival for a meeting of EU defence ministers in Brussels.The decision is expected to be taken when EU foreign ministers meet Friday, one day after the defence chiefs, EU officials said.The expanded mandate, however, will have to be submitted to the German parliament for approval, he added.The ministers will also formally approve the extension of the EU mission, Operation Atalanta, until December 2014.EU officials have stressed that the new mandate would not call for the deployment of troops on the ground in Somalia.Nine EU naval ships are currently operating off the Horn of Africa, escorting vessels carrying humanitarian aid to Somalia and policing the key shipping route to thwart pirate attacks.Source: ...

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Court adopts wide interpretation of EU restrictive measures against Iran

EU and other countries laws are in a state of flux The EU implementing Regulation following the EU Council Decision of 23 January 2012 is still awaited. It is likely to have wide ranging effect and will address the imposition of a ban on the import, purchase or transport of Iranian crude oil and petroleum and petrochemical products. It is also likely to prohibit the provision, directly or indirectly of finance, insurance or reinsurance related to such import, purchase or transport.There has been widespread press comment upon the implications for non-EU tanker owners and third parties if such a ban is imposed. In line with other EU laws it is probable that it will prohibit the participation, knowingly or intentionally in activities the object or effect of which is to circumvent the above prohibitions. A recent EU court judgment has demonstrated that the court is likely to adopt a wide interpretation of restrictive measures imposed against Iran or other states.On 18 February 2012 a judgment by the European Court was issued in relation to an earlier Regulation imposing restrictive measures against Iran to prevent nuclear proliferation (Regulation 423/2007). That Regulation entered into force in April 2007. Since then further Regulations ...

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EU must tighten pressure on Somali pirates

Says Admiral Potts Now is the time is tighten pressure and work with Somalis when it comes to the piracy occurring in the Horn of Africa, Operation commander of the EU Naval Force Admiral Duncan Potts said on 20 March at a subcommittee on security and defence.The European Union Naval Force Somalia - Operation ATALANTA - is working closely with Somali authorities, and whatever action it takes must not undermine others coalitions dealing with Somalia piracy, such as NATO."We have made good progress at containing piracy," Potts said. "We must move forward."Potts characterised 2011 as a "year of two halves". Up until May, 28 vessels had been pirated, but throughout the second half of the year, only three vessels fell victim. Today, pirates have 213 hostages from eight ships, with mostly children taken hostage.However, pirates are criminals of opportunity, Potts said. For example, they inadvertently attacked two warships only to find themselves overwhelmed.Source: New Europe online

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