Izvorni znanstveni članak
SHIPOWNERS' LIABILITY FOR A SAFE AND ENVIRONMENTALLY SOUND RECYCLING OF SHIPS: EUROPEAN LEGAL FRAMEWORK
Željka Primorac
orcid.org/0000-0002-9880-0369
; Pravni fakultet Sveučilišta u Splitu
Sažetak
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.
Ključne riječi
ship recycling; the liability of shipowner; European regulations
Hrčak ID:
144410
URI
Datum izdavanja:
8.9.2015.
Posjeta: 1.811 *