CYPRUS Law and Practice Contributed by: Kyriacos Scordis and Sofi Mylona, SCORDIS PAPAPETROU & Co LLC
2.5 Seafarers’ Safety and Owners’ Liability The Maritime Labour Convention of 2006 applies to Cyprus by virtue of the Maritime Labour Con - vention, 2006 (Ratification) and for Matters Con - nected Therewith Law 6(III)/2012, which trans - poses the Convention into domestic law. Additional domestic laws regarding seafarers’ rights and safety are: • the Merchant Shipping (Issue and Recogni - tion 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 Disci - plinary 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 Sea - farers 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) Regula - tions of 2001 (PI 297/2011 as amended); and • the Merchant Shipping (Masters and Sea - men) Laws of 1963 to 2002 (Law 46/1963 as amended).
and its Protocol of 1996 was ratified by Cyprus, by virtue of Law 20(III)/2005. Furthermore, the Merchant Shipping (Ship- Owners’ Insurance for Maritime Claims) Law of 2012 (Law No 14(I)/2012) transposed Direc - tive 2009/20/EC on insurance against maritime claims subject to the limitations of the LLMC Convention. 2.4 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 limita - tion. 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 applicable to claims for which that person may be liable, together with interest thereon from the date of the occur - rence giving rise to the liability until the date of the constitution of the fund. Any fund thus con - stituted 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 2.3 1976 Con- vention 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.
3. Cargo Claims 3.1 Bills of Lading
Cyprus has adopted the International Conven - tion 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.
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