Europski pravni okvir odgovornosti brodovlasnika za sigurno i ekološki prihvatljivo recikliranje brodova
Shipowners' liability for a safe and environmentally sound recycling of ships : European legal framework
Author(s): Željka PrimoracSubject(s): Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: ship recycling; shipowner liability; environmental law; European law;
Summary/Abstract: The author of this paper points to the legal principles of safe and environmentally sound recycling of ships with regard to the solutions of European legal origins. Presenting the modalities of systematic efforts to protect human health and the marine environment from negative effects of recycling old ships on the beaches of third countries, the International Convention for the Safe and Environmentally Sound Recycling of Ships – Hong Kong (2009) exercised a direct impact on the EU efforts to achieve a unilateral approach to a safer and environmentally friendly recycling of ships flying the flag of a Member State. Therefore, the emphasis was placed on the legal analysis of Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling in relation to the requirements for ships of the Member States, and in relation to specific solutions regarding the requirements for ships flying the flag of a third country when calling at a port or anchorage of a Member State. Discussing the effects of the high standards of ship recycling to an increase in the operating costs, the author concludes that the increase in environmentally friendly standards of the safety of navigation and the safety of environment will unquestionably require a fast and an efficient adjustment of the shipowners to new legal standards and operating costs. Analyzing ecological and economic perspectives on the impact and effects of the ship recycling industry on the shipping market, the author points out that unilateral approach at the European level– Regulation (EU) No 1257/2013 – is compulsory and entirely directly applicable in the Member States of the EU; this, considering the international nature of the problem of safe and environmentally friendly ship recycling, requires achieving international uniformity.
Journal: Poredbeno pomorsko pravo
- Issue Year: 54/2015
- Issue No: 169
- Page Range: 481-514
- Page Count: 36
- Language: Croatian