Search results

Filters

  • Journals
  • Keywords
  • Date

Search results

Number of results: 6
items per page: 25 50 75
Sort by:

Abstract

At the end of August 2012 the Polish Parliament enacted the Act on State Marine Accident Investigation Commission, which regulates its organization and operation. The Act transposed, within its regulation, Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and is based on the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code), issued by the International Maritime Organization (IMO) together with amendments to the SOLAS Convention. The purpose of the Directive, as well as the Casualty Investigation Code, is to improve maritime safety and the prevention of pollution by ships by facilitating the expeditious holding of safety investigations and proper analysis of marine casualties and incidents in order to determine their causes. The EU Parliament obliged, through the Directive, the EU Member States to ensure that the safety investigations are conducted under the responsibility of an impartial permanent investigative body, endowed with the necessary powers, and by suitably qualified investigators, competent in matters relating to marine casualties and incidents. This impartial permanent investigative body had been named in Poland: Państwowa Komisja Badania Wypadków Morskich [the State Marine accident Investigation Commission] and began its operation in May 2013 upon the appointment, by the Minister of Transport, Construction and Maritime Economy, of the third one of five statutory members of the Commission. Since the beginning of its activity the Commission has initiated 77 safety investigations, prepared and adopted 272 resolutions, published 53 safety reports and issued more than 30 safety recommendations. The establishment and activity of the Commission leads to greater awareness of casualty causation and has a positive impact on the level of maritime safety.
Go to article

Abstract

Tonnage tax has been first introduced by Greece in 1957, with similar regimes following in the United Kingdom, Germany, the United States, India, South Korea, Japan, Sweden, Spain, Norway, Finland and Ireland. The essence of the scheme is to calculate tax by reference to the net tonnage of the ship operated. Poland has introduced the Tonnage Tax Act in 2006. However, the Act ins currently under review due to reservations by the European Commission regarding state aid to commercial entities that operate ships.
Go to article

Abstract

The concept of a Ship Management is vaguely known in the Polish law and legal doctrine although the role of the Ship Manager has become quite complex through the years. It started in the eighties when there was a deep change in the shipping market as many shipping companies became bankrupt and mortgagor banks had to turn to ship managers for help. Thirty years ago in 1988 BIMCO published the first Ship Management Contract which provided the market with a standard document striking a fair balance between the rights and obligations of the owners and the managers, giving some uniformity in the widely used in-house contracts, particularly in the apportionment of liability between parties. After the implementation of the ISM Code in 1998 and creating the entity called “Company” as a subject responsible for a safe operation of a vessel the ship manager’s role rose extremely. It caused, among other factors, that BIMCO issued the world wide known form of contract named SHIPMAN 98, which was then superseded by its new version issued in 2009. The main goal of this article is to bring a reader closer to the issue of a Ship Management and the Ship Manager through a Polish translation of this modern BIMCO form named SHIPMAN 2009.
Go to article

This page uses 'cookies'. Learn more