RECOVERING AND REMOVAL OF WRECKS AND SUNKEN OBJECTS

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RECOVERING AND REMOVAL OF WRECKS AND SUNKEN
OBJECTS

• Dr. sc. Adriana Vincenca Padovan
• ADRIATIC INSTITUTE
• OF THE CROATIAN ACADEMY OF SCIENCES AND ARTS
• European Maritime Day, Koper, 30th May 2013

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Raising, recovering and removal of wrecks and
sunken objects

• The need for the amendment of the Maritime Code
• raising of sunken objects, including the
  compulsory wreck removal regulated as a separate
  maritime law concept until 2004
• In 2004 the entire chapter of the MC dealing with
  raising of sunken objects and compulsory wreck
  removal deleted, some administrative issues
  partly regulated within the chapter on salvage,
  the explanation being that the raising of sunken
  objects is simply a form of salvage
• The Law on Inland Navigation and Ports (Zakon o
  plovidbi i lukama unutarnjih voda) 2007 contains
  a special chapter regulating the concept of the
  raising of sunken objects, incl. compulsory wreck
  removal (similar to the old deleted chapter of
  the MC 1994)

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Raising, recovering and removal of wrecks and
sunken objects

• The need for the amendment of the Maritime Code
  (ctd.)
• Raising of sunken objects and wreck removal
  primarily administrative maritime law concept
  (relationship owner of wreck - State)
• Salvage private law (relationship owner of the
  salved property salvor)
• Removal of (substandard) ship as regulated under
  the Art. 171. of the MC is not wreck removal
• Lacuna in the law no rules regulating the
  procedure and the regime of liability relating to
  the raising, recovering and removal of sunken
  objects and wrecks.

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Raising, recovering and removal of wrecks and
sunken objects

• MC 2013 PART VIII, CHAP. VI. (arts. 840.a
  840.z) RAISING AND REMOVAL OF WRECKS AND SUNKEN
  OBJECTS
• Primarily administrative law provisions
  regulating the relationship between the owner of
  the wreck/sunken object and the State
• plus private (incl. property) law provisions the
  law of finds and the private law implications of
  the abandoned wrecks/sunken objects.

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MC 2013 PART VIII, CHAP. VI. (arts. 840.a
840.z) RAISING AND REMOVAL OF WRECKS AND SUNKEN
OBJECTS

• I. GENERAL PROVISIONS
• II. PROVISIONS ON RAISING OF WRECKS AND SUNKEN
  OBJECTS (voluntary, recovery)
• III. PROVISIONS ON COMPULSORY REMOVAL OF WRECKS
  AND SUNKEN OBJECTS

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MC 2013 PART VIII, CHAP. VI. (arts. 840.a
840.z) RAISING AND REMOVAL OF WRECKS AND SUNKEN
OBJECTS

• I. GENERAL PROVISIONS
• Definitions of wreck, sunken object, marine
  casualty, hazard, related interests (affected by
  the hazardous wreck/s.o.), removal, raising, bona
  fide finder, etc. - implementing the definitions
  from 2007 Nairobi WRC and adding some new
  definitions relating to the voluntary
  raising/recovering of wrecks and sunken objects
  and the law of finds
• Territorial scope of application voluntary
  raising territorial sea and internal waters
  compulsory removal t.s., i.w., continental
  shelf and the eco-fisheries zone
• The owner's obligation to remove the wreck/s.o. -
  strict liability
• Wrecks and s.o. remaining in the sea for more
  than 2 years become the property of the State
• General duty to report of the wreck/s.o.
• Additional protection of historical, cultural and
  military wrecks.

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MC 2013 PART VIII, CHAP. VI. (arts. 840.a
840.z) RAISING AND REMOVAL OF WRECKS AND SUNKEN
OBJECTS

• II. PROVISIONS ON RAISING OF WRECKS AND SUNKEN
  OBJECTS
• Administrative procedure, regulating the
  relationship between the owner of the wreck/s.o.
  that voluntarily undertakes the
  raising/recovering operations and the state (no
  determination of hazardness)
• Licencing and control of the operations
• The law of finds regarding abandoned wrecks/s.o.
• Special procedure for the rasing/recovering
  undertaken by the State and by the bona fide
  finder of wreck
• Custody of the recovered wreck/s.o. by the State
  or bona fide finder
• Acquisition of ownership over the abandoned wreck
  by the bona fide finder

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MC 2013 PART VIII, CHAP. VI. (arts. 840.a
840.z) RAISING AND REMOVAL OF WRECKS AND SUNKEN
OBJECTS

• II. PROVISIONS ON RAISING OF WRECKS AND SUNKEN
  OBJECTS (ctd.)
• Due respect to the minimal protection of the
  original (unknown) owner's rights through the
  prescribed provisions of notification, periods of
  prescription.
• The rules on public sale of the recovered
  wreck/s.o. snd the distribution of the proceeds.
• Liability of the contractor performing the
  raising operations subjective, presumed
• The contractor's lien and the right of retention
  of the recovered wreck/s.o. securing his claim
  for the costs of the operations.

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MC 2013 PART VIII, CHAP. VI. (arts. 840.a
840.z) RAISING AND REMOVAL OF WRECKS AND SUNKEN
OBJECTS

• III. PROVISIONS ON COMPULSORY REMOVAL OF WRECKS
  AND SUNKEN OBJECTS
• Implementation of 2007 Nairobi WRC, plus
  extention to all the other sorts of sunken and
  stranded objects (not only wrecks as defined
  under the 2007 WRC)
• Determination of hazard
• Reporting, locating marking and removal of
  wreck/s.o. (administrative procedure)
• Owner's liability for the removal costs strict
  liability
• Compulsory insurance for the costs of wreck
  removal (all vessels over 300 GRT)
• No limitation of owner's liability
• Limitation of the insurer's liability LLMC 1996
• Direct action against the insurer

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MC 2013 PART VIII, CHAP. VI. (arts. 840.a
840.z) RAISING AND REMOVAL OF WRECKS AND SUNKEN
OBJECTS

• III. PROVISIONS ON COMPULSORY REMOVAL OF WRECKS
  AND SUNKEN OBJECTS (ctd.)
• The State's lien and the right of retention on
  the removed wreck/s.o. Securing the claim for the
  costs of removal, incl. the right of sale at the
  public auction and the rules on distribution of
  the proceeds
• The State's security rights rank higher than the
  privileges prescribed by the MC (immediately
  after the costs of the judicial sale)
• The contractor's third party liability
  subjective, presumed
• Limitation of actions (the State's claim for the
  removal costs) 5 years from determination of
  hazard
• Period of prescription - 10 years from becoming
  aware of the wreck/s.o.

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REMOVAL OF SUBSTANDARD SHIPS

• MC 2013 Art. 171.
• Substandard ships identified as such in the
  process of the ship safety inspection (PSC)
• It shall be ordered that such ships be removed
• The right of state to intervene and to remove
• Removal includes the sale of the ship at the
  public auction
• State's lien on the removed ship to secure the
  claim for the costs of removal
• Rules regulating the notification, preclusive
  periods, distribution of the profits of the sale,
  court deposit of the excess of the proceeds.

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MARINE OFFENCES

• Breaches of particular provisions relating to
  raising and removal of wrecks and sunken objects
  by the owners, masters, finders and contractors
  are defined as marine offences and adequate fines
  are prescribed.