The Nairobi International Convention on the Removal of Wrecks,
adopted in Nairobi on 18 May 2007 (the "Convention"),
will enter into force on 14 April 2015, a year after having
achieved the requisite number of countries that have ratified the
Convention.
The Convention provides the legal basis for States to remove, or
have removed, shipwrecks that may have the potential to affect
adversely the safety of lives, goods and property at sea, as well
as the marine environment. Under the Convention a set of uniform
international rules aimed at ensuring the prompt and effective
removal of wrecks will come into force internationally, placing
financial responsibility for the removal of certain hazardous
wrecks on shipowners, thus making insurance compulsory.
Cyprus is yet to ratify the Convention with the matter currently
pending for voting in parliament. As a result, the Department of
Merchant Shipping (DMS) will not be issuing the necessary wreck
removal certificates (WRC). While there has not been any official
announcement by the DMS, in order to avoid any disruption in the
operation and insurance cover of ships flying the Cyprus flag, the
DMS has indicated that it in the interim period it will accept WRCs
issued by countries that have already ratified the Convention. When
Cyprus ratifies the Convention it is understood that there will not
be any requirement for these certificates to be re-issued, except
in cases where the circumstances would require the issue of a new
certificate, such as in the event of a change of ownership or in
case of renewals where a new WRC is required by the P&I
Club.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.