Shipping 2026

ISRAEL Law and Practice Contributed by: Joseph Sprinzak and Rahel Rimon, J.SPRINZAK

• International Convention for the Prevention of Pol - lution from Ships, 1973 as modified by Protocol, 1978 (MARPOL 73/78); • Protocol to the International Convention on Civil Liability for Oil Pollution Damage (CLC PROT 1992); • Protocol to the International Convention on the Establishment of an International Fund for Com - pensation for Oil Pollution Damage, 1971 (FUND PROT 92); • International Convention on Oil Pollution Prepar - edness, Response and Co-operation, 1990 as amended (OPRC 1990); and • Convention for the Protection of the Marine Envi - ronment and the Coastal Region of the Mediterra - nean, 1995. Local legislation relating to pollution includes: • Prevention of Sea-Water Pollution by Oil Ordinance [New Version] – 1980; • Regulations for the Prevention of Sea-Water Pol - lution by Oil (Guarantee for Fine Payments and Cleaning Expenses) – 1983; and • Regulations for the Prevention of Sea-Water Pol - lution by Oil (Marine Environment Protection Fee), 1983. The Prevention of Sea-Water Pollution by Oil Ordi - nance applies to Israeli territorial waters and inland waters, and its provisions may be applied to non- Israeli vessels outside Israeli territorial waters that threaten to pollute Israeli territorial waters. The Ordi - nance specifies actions to be taken in the case of oil discharges and creates the Fund for the Prevention of Sea-Water Pollution, with the goal of creating finan - cial resources for the fight against and prevention of pollution of sea water and the seashore and for their cleansing and inspection. In cases of discharge of oil into the sea, the Minister of Transport may, by notice, request the owner of the vessel to take specified measures aimed at preventing, stopping or reducing the discharge. A “marine environment protection fee” may be imposed on owners or operators of vessels, as well as on owners or operators of installations on land or at sea from which oil might be discharged or allowed to escape into the sea.

After many years of delay, in January 2022 the Knes - set’s Economic Committee finally approved the Min - istry of Transport Regulations, designed to protect the marine environment by drastically reducing the amount of organic and non-organic sewage dumped by vessels at sea. The regulations give effect to MAR - POL 1973, Annex IV. The new regulations provide for the removal of waste stored in vessels while in port, and sanctions for infringement. It remains to be seen how efficiently these regulations will be enforced. It should be noted in this regard that legal advisers to the Economics Ministry consider that Israeli law applies to Israel’s exclusive economic zone, relevant in terms of enforcement of these regulations as well as others. With regard to wrecks, the Ports Ordinance – 1971 provides that the Israel Ports Company may demand that owners remove a vessel that has been lost or abandoned in Israeli waters where that vessel poses a danger to navigation or docking. Further, the Wrecks and Salvage Fees Ordinance – 1926 provides that where any services are rendered wholly or in part within the waters of Israel in saving life from any vessel; assisting any vessel that is wrecked, stranded or in distress; or saving the cargo or apparel of that vessel, or any part thereof, there shall be pay - able to the salvor, by the owner of the vessel, cargo, apparel or wreck, a reasonable amount of salvage, to be determined in the case of dispute. The Ordinance provides for determination of salvage disputes by arbitration. Section 20 (3) of the Ordinance provides that the decision of the arbitrators shall, for the purposes of execution, have the effect of a judg - ment of the Magistrate’s Court. Finally, the order of priority of the maritime lien for salvage, including life salvage, is determined by Sec - tion 41 of the Shipping (Vessels) Law – 1960, although it has been argued that the Court has discretion to deviate from the order prescribed in the section on grounds of equity.

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