CYPRUS Law and Practice Contributed by: Kyriacos Scordis and Sofi Mylona, SCORDIS PAPAPETROU & Co LLC
3.6 Seafarers’ Safety and Owners’ Liability The Maritime Labour Convention of 2006 applies to Cyprus by virtue of the Maritime Labour Convention, 2006 (Ratification) and for Matters Connected There - with Law 6 (III)/2012, which transposes the Conven - tion into domestic law. Additional domestic laws regarding seafarers’ rights and safety are: • the Merchant Shipping (Issue and Recognition of Certificates and Marine Training) Laws of 2008 to 2017 (Law 27 (I)/2008 as amended); • the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Laws of 2000 to 2005 (Law 105 (I)/2000 as amended); • the Merchant Shipping (Criminal and Disciplinary Liability of Seafarers, Suspension or Cancellation of Certificates) Laws of 2000 to 2004 (Law 106 (I)/2000 as amended); • the Merchant Shipping (Medical Examination of Seafarers and Issue of Certificates) Laws of 2000 to 2014 (Law 107 (I)/2000 as amended); • the Merchant Shipping (Registration of Seafarers and the Seafarers’ Register) Laws of 2000 to 2012 (Law 108 (I)/2000 as amended); • the Merchant Shipping (Official Logbooks, Ship’s Articles and Six-Month Lists) Regulations of 2001 (PI 297/2011 as amended); and • the Merchant Shipping (Masters and Seamen) Laws of 1963 to 2002 (Law 46/1963 as amended). Cyprus has adopted the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading 1924 (extended to Cyprus on 2 June 1931), by way of succession. The UK Bills of Lading Act of 1855 also applies in Cyprus by means of Articles 19 and 29 of the Courts of Justice Law of 1960 (Law No 14/1960), and the Hague Rules are applicable in Cyprus through the Carriage of Goods by Sea Law, Chapter 263. 4. Cargo Claims 4.1 Bills of Lading
No 14 (I)/2012) transposed Directive 2009/20/EC on insurance against maritime claims subject to the limi - tations of the LLMC Convention. 3.4 Vienna Convention on the Law of Treaties Cyprus has ratified the Vienna Convention on the Law of Treaties, and its provisions are recognised in domestic law. Consequently, Cypriot courts and tribu - nals can apply the Convention’s rules when interpret - ing treaties to which Cyprus is a party. In practice, this means that, similar to the approach taken by the UK Supreme Court in the MSC Flaminia case, Cypriot authorities can rely on the Vienna Con - vention’s interpretative framework when construing maritime treaties – or any other treaties – relevant to Cyprus. 3.5 Procedure and Requirements for Establishing a Limitation Fund Pursuant to Article 11 of the LLMC Convention, any person alleged to be liable may constitute a fund with the court or other competent authority in any state party in which legal proceedings are instituted in respect of claims subject to limitation. The fund shall be constituted in the sum of such amounts set out in Articles 6 and 7 (which set the general limits and the limit for passenger claims, respectively) as are appli - cable to claims for which that person may be liable, together with interest thereon from the date of the occurrence giving rise to the liability until the date of the constitution of the fund. Any fund thus constituted shall be available only for the payment of claims in respect of which limitation of liability can be invoked. The ratified Law 20 (III)/2005 (see 3.3 Convention on Limitation of Liability for Maritime Claims ) provides that a person wishing to set up a limitation fund, as provided for in Article 11 of the LLMC Convention, may set up such a fund in the Supreme Court of Cyprus, upon making an application to the Supreme Court. In the case of a person wishing to set up a limitation fund by lodging a bank guarantee with the Supreme Court of Cyprus, the Supreme Court shall decide on the characteristics and conditions that must be met by such a guarantee.
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