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Saturday, October 20, 2018

Hasty legislation creating confusion

Recent proposals from within the EU and new national laws are creating confusion and potentially chaos for many in the oil and oil shipping industries. Several of these hastily prepared proposals/laws have involved little or insufficient thought as to the consequences or to the implications, which could go well beyond the shipping industry.

As an example the definition of  “Heavy Oil” within the latest EC proposal (see article above) and in the recently promulgated Spanish Decree-Law (see article above) is creating considerable debate and consternation. Obviously any enabling regulations will need to address this, but in the interim in order to assist our readers an information note has been prepared by Dr. Tim Gunner which may be found here.  Similarly, there is some confusion around the legal definition of a single hull tanker, especially with respect to double bottomed and double sided tankers, combination carriers, and double-hulled tankers not complying with IMO Marpol 13F.  Further there is uncertainty as to the size ranges being considered, especially in respect of coastal vessels and barges.

The concerns of owners with respect to Charter Party terms are addressed in an article below, and further advice will be offered as soon as additional clarifications are obtained.

A Short information note has also been prepared as background on some of the basic International Public Law Principles for Coastal States Rights vis-a-vis ships which may be found here.

Contact:  Peter Swift e-mail: peter.swift@intertanko.com