CYPRUS Law and Practice Contributed by: Kyriacos Scordis and Sofi Mylona, SCORDIS PAPAPETROU & Co LLC
European Parliament and of the Council of 23 April 2009 on port state control, as amended; • the Merchant Shipping (Port State Control) Notification 2015; • the Merchant Shipping (Port State Control- Duration of Night) Order of 2011; • the Merchant Shipping (Port State Control- Geographical Areas of Ports and Anchorages) Order of 2017; • the Merchant Shipping (Community Vessel Traffic Monitoring and Information System) Law of 2004 (Law No 131(I)/2004) as amend - ed; and • the Relevant Circulars of the Shipping Deputy Ministry of Cyprus, issued from time to time. Cyprus is also a signatory to the Paris Memo - randum of Understanding on Port State Control 1982 and the Mediterranean Memorandum of Understanding on Port State Control 1997. The Shipping Deputy Ministry to the President of Cyprus (SDM) is the competent port state control authority in Cyprus. It conducts all inspections of foreign ships in Cyprus ports, verifying that crew, ship and any equipment comply with the require - ments of international conventions on: • safety; • pollution prevention; • operation; • management and security; • qualifications; • living conditions; and • terms of employment. Port state control officers and officials have the authority to: • board vessels and inspect them if necessary; • investigate and copy materials; and
• interject and/or detain ships found to have insufficiencies following inspection or found to have any hazardous materials that may create safety, health or environmental issues. Moreover, authorities in certain cases may not allow ships entry into Cyprus ports if the ship Masters and operators do not abide by the law and do not provide information as requested by the competent authorities; they may also impose administrative fines. The Marine Accidents Investigation Committee (MAIC) and the SDM are the authorities respon - sible for the investigation of marine accidents (casualties and incidents) in the Republic of Cyprus. In the event of an accident involving a ship fly - ing the Cyprus flag worldwide or a ship flying a foreign flag within Cyprus territorial and internal waters, the Master, owner, manager or agent of such ship must notify the MAIC, by virtue of the Marine Accidents and Incidents Investigation Law of 2012 (Law No 94 (I)/2012, which trans - posed EU Directive 2009/18/EC into Cyprus’s legislation). This notification addressed to the MAIC should include details about the ship’s condition, crew status and any injuries, deaths or casualties. The Marine Accidents and Incidents Investi - gation Law of 2012 gives the MAIC extensive powers, including access to any relevant area or casualty site and to any evidence or witnesses. However, according to SDM Circular 17/2014, the SDM will continue to be responsible for investigating marine accidents for the following types of ships: • ships not propelled by mechanical means, wooden ships of primitive build and pleasure
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