The ferry tragedy involving the sinking of EXPRESS SAMINA has cast a long shadow over the shipping world, leaving a lot of issues as to safety of ships unexplained. The fatal incident occurred ironically on the very day when the World Maritime Day was celebrated and just one day after an international conference where senior figures in the world of maritime safety had been debating accident investigation, corporate liabilities and governance in Athens. It is worth mentioning that sharp criticism is exercised in Britain in respect of the reluctance of the industry and international marine safety regulators to require "black box" event recorders to shipping.

By reason of the EXPRESS SAMINA disaster, a Committee has been formed by the Ministry of Merchant Marine in order to review the current legislative regime as to coasting; a reduction of the age limit of ships to 30 years (as opposed to 35 until to date) is under consideration and new rules are most likely to be established with regard to the safety of human life at sea as well as training of crew. Furthermore, new Law 2881/2001 (Govt. Gazette 16/6-2-2001) has been published with regard to "shipwrecking".

The 4th International Conference on Maritime Law, which is once again organised by the Piraeus Lawyers Association, will be held on 6-9 June 2001 in Piraeus, in the Piraeus Port Authorities premises. The central issue of the Conference is the liability to pay damages under Greek and International Maritime law. Illustrius personalities will be taking part in this Conference, which will attend significant people in the maritime industry.

Under the auspices of the Hellenic Society of Maritime Lawyers, a Meeting will be organised on 25.04.2001 on the topic "Shipping and the Stockmarket". The cornerstone of the Meeting will be the problems arising from the application of Law 2843/2000, which deals with the entry of the shipping companies to the stockmarket.

Education of seafareres

The presidential decree P.D. 210/96 has been amended by the presidential decree P.D. 295/1999 (Govt. Gaz. A 266/ 30.11.99), in accordance with the directive 98/35 EC of the European Council, dated 25.5. 98, regarding the "minimum standard of seafarer's education."

Safety of life at sea

By the presidential decree P.D. 25/2000 (Govt. Gaz A 19/7.2.2000), the amendments made in 1997 in the International Convention for the Safety of Life at Sea, 1974, [SOLAS] have been ratified, as they were adopted by the 1/97 and 2/97 conventions of the Conference between the Contracting States in the International Convention for the Safety of Life at Sea, 1974, on 27 November 1997.

Euro

Under the Law 2842/2000 (Govt. Gaz. 207- 27.09.2000), complementary measures are being introduced in respect of the application of European Regulations 1103/97, 974/98 and 2868/98 of the European Council regarding the entry of euro, which -as from 1.01.2001- tends to replace the drachma as the country's currency. In particular, under article 5 of the abovemantioned Law, the exchange clause is repealed as well as any laws concerning national currency.

Carriage of goods- Place of performance of the contract ECJ C-440-97, 28.9.1999

The term "place of performance of the contract" as expressed in article 5 paragr. 1 of the Brussels Convention (1968) is construed in accordance with the law to which the rules of private international law of the adjudicating court refer. The above query was put forward by virtue of a dispute between, from one side seven insurance companies and GIE Concorde, head insurer, sitted in Paris, and from the other the master of the vessel "Suhadiwarno Panjan" of Pro Line Ltd sitted in Hamburg (Germany) and four defandants, on account of partial loss on delivery of a cargo of wine carried by sea. The ECJ held that the said article of the Brussels Convention has the meaning that the place where the contract is or ought to be performed should be determined according to the law governing the contract in question, based on the rules of private international law of the adjudicating court.

Carriage of goods- Carrier's liability- time of protest Piraues Court of Appeal Judgment no 930/1999

The contractual exclusion of sea carrier's liability for the stages before loading and after discharge is legal. In fact, failure of any protest in time from the part of the consignee does not amount to waiver, but the burden of proof is shifted in the sense that there is now a prima facie evidence that the goods were received in the same state they were sent for carriage. The protest is not overdue when it is made after receipt of the goods and placement of the cargo in the consignee's warehouse, as long as the cargo is not at the immediate disposal of the consignee due to customs clearance.

Shipboard employment Supreme Court Judgment no 25/1998

The additional agreement in shipboard employment which enables the shipowner or the master to have the seafarer transferred, in the course of his employment contract, on board another ship of the same shipowner or master is valid. The transfer is legal if the terms of the original shipboard employment are not altered substantially. Such an alteration is not brought about nor is any compensation owed due to rescission of the employment contract, if the seafarer is deprived from his increased salary agreed after the shipboard employment, because of voyages of the first vessel to a war zone.

Brussels Convention- Lis alibi pendens Meaning of same parties ECJ C-351/96 19.05.98

Insurer and assured are considered identical parties within the meaning of article 21 of the Brussels Convention (1968) when the insurer is suing or being sued after he has been subrogated into the rights of the assured. Such an identity does not exist when the interests of the insurer and assured differ in the pending actions, so that each one needs to be legally represented separately.

Bareboat charterparty- Distribution of risks between the parties Piraeus Court of Appeal Judgment no 273/1999

The legal nature of a bareboat charterparty is that of a lease of the ship. The charterer bears the responsibility for the quality of fuel on board in operating the vessel and the risk for any damages resulting therefrom, as long as the refueling process is effected by him.

Maritime liens Piraeus Court of Appeal Judgment no 196/1999

The creation, extent, duration and extinguishment of maritime liens are governed by the law of the flag of the vessel (lex navis). The ranking order of the maritime liens, which are going to rank before the claims secured by a registered or unregistered mortgage are governed by the law of the adjudicating court (lex fori)