UAE Government Resolution To Help Address Abandonment And Seafarers’ Rights

By MI News Network|In: Shipping News|Last Updated on July 29, 2021

On 1 July 2021, the UAE Government’s Ministry of Energy as well as Infrastructure releasedCabinet Resolution No (71) of 2021 on ‘Marine Wrecks And Violating Ships’ as component of its brand-new path “to regulate the navigational activities, protection of the marine environment, safety and security of the UAE maritime sector and to protect the rights of seafarers on board ships in UAE waters and ports” outlined by its coming withCircular The Resolution was signed-off by Sheikh Mohammed Bin Rashid Al Maktoum, the Prime Minister.

Circular Headlines

“In compliance with the resolution, UAE flag ships and foreign flag ships in UAE waters or calling UAE ports must comply with the requirements of the Resolution. In addition, Ships of (300) gross tonnage or more must provide an insurance or financial guarantee to cover the responsibility for removing the wreck in conformity with the requirements of the Nairobi International Convention on the removal of wrecks, 2007.”

“Any ship not meeting the requirements of the resolution will be prohibited from entering or working in the UAE waters and ports once the resolution enters into force.”

Image Credits: humanrightsatsea.org

Resolution Headlines

The Resolution offers considerably much more information, with essential highlights from a seafarer well-being viewpoint being:

Scope of Application: Art 2, 3) “Ships arrested in the State’s waters or ports, unseaworthy, or became unseaworthy due to long period of arrest, deterioration in its technical condition, abandoned by its Seafarers, their Owners or Operator did not pay the salary of the Seafarers for a period of two consecutive months or more, lack of providing provisions , supplies and fuel to run the ships’ engines, failure to meet the minimum safe manning, existence of hazardous Cargoes onboard that the Owner or Operator failed to secure.”
Violating Ships: Art 3, 1) “Failure of the Shipowner or Operator to secure the seaworthiness of the ship as a floating marine facility or failed to pay the salaries of seaferers [sic] for two months or more or failed to provide supplies or fuel to operate engines.”

Article 7 especially develops a brand-new ‘Wrecks and Violating Ships Committee’ with powers of enforcement.

1) A board called “Wrecks and Violating Ships Committee” will be developed under the Ministry as well as the Minister concerns a choice pertaining to the board’s job system as well as decision-making system.

2) The Committee– described in this Article– will be chaired by an agent from the Ministry as well as subscription of reps from the adhering to authorities: a) Ministry of Defense b) Ministry of Climate Change & & Environment c) Competent Authority d) Local Authority interested in Environment.

3) The obligations of the the Committee– described in this Article– are as adheres to: a) Study the technological instance of the wreckages as well as breaching ships. b) Study the procedures taken versus the shipowner, driver, master, representative of the ship or the wreckages, to make sure the conformity with the regulation effective in the state. c) Make a suggestion to the Ministry that a composed alerting to be offered. d) Recommending the support of specialists as well as experts, if needed.