ISRAEL Law and Practice Contributed by: Joseph Sprinzak and Rahel Rimon, J.SPRINZAK
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The Admiralty Court in Israel applies the admiralty law and jurisdiction adopted by the English High Court of Admiralty in 1890, and consequently the Admiralty Courts Acts of 1840 and 1861 (legislation left over from the time of the British Mandate). However, this jurisdiction is naturally subject to subsequent local legislation. The most important local law affecting the Admiralty Court’s jurisdiction is the Shipping (Vessels) Law – 1960. This Law deals with: • the registration of vessels; • their transfer and devolution; • liens; • mortgages; • loss of qualification; • striking off the register; • the effect of the registration of rights, nationality and flag; and • the name of the vessel. The provisions that affect the jurisdiction of the Admi - ralty Court are laid out in Section 40, which provides for debts to be secured by a first lien (on the vessel, freight and accessories), and in Section 41, which lists the type of debts that can be secured and the order of priority of the liens. The Shipping (Vessels) Law does not expressly refer to the position under the Admiralty Courts Acts, although it does retain existing legislation concerning the crea - tion or transfer of a mortgage or charge upon a vessel. It is accepted that the creation of these statutory liens also confers complementary jurisdiction in rem on the Admiralty Court. 1.2 Port State Control The Israel Ministry of Transport has established the Shipping and Ports Administration (SPA) to regulate
all activities relating to Israel’s maritime activities. The SPA is responsible for the safety of Israeli shipping. Port Regulations provide very detailed regulations relating to the conduct of vessels, safety and order in Israeli ports. The State of Israel implemented the Port State Control (PSC) inspection system in 1997, in accordance with International Maritime Organiza - tion (IMO) and International Labour Organization (ILO) resolutions. Section 99 of the Ports (Shipping Safety) Regulations, 1982, empowers the manager of the Ports Authority in the Ministry of Transport to appoint a casualty inves - tigator in respect of any Israeli vessel wheresoever or foreign vessel located in the Israeli jurisdiction upon the occurrence of a maritime accident, including those involving seafarers. The investigator may examine wit - nesses, collect documents and evidence, and make recommendations to prevent similar accidents in the future. PSC inspections are conducted to ensure that foreign vessels calling at Israeli ports comply with internation - al regulations and conventions. The SPA is respon - sible for all PSC activities and aims to inspect each and every tanker and passenger ship arriving at Israeli ports, as well as 25% of the container ships and gen - eral cargo, with an emphasis on bulk carriers. 1.3 Domestic Legislation Applicable to Ship Registration The principal law governing the registration of vessels in Israel is the Shipping (Vessels) Law – 1960. Other relevant legislation includes the Shipping (Registration & Marks) Law – 1962, the Shipping (Regulations of Building & Measurements) Law – 1961 and the Vessels (Mortgage & Transfer) Ordinance – 1948. Under Israeli law, all Israeli vessels must be registered, using the same process without distinction as to the size or purpose of the vessel concerned. Nonetheless, in practice, small boats, namely, vessels less than sev - en metres in length, are exempted from registration in the registry, and the details of the boat are maintained in a separate small boats registry. Vessels under con - struction in Israel or abroad may also be registered
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