By acceding to the EU and accepting the acquis communautaire the Republic of Croatia assumed the obligation to incorporate into its national legislation EU regulations governing environmental protection. The aim of this professional presentation is to give an overview of the principles and provisions of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage, and Directive 2013/30/EU of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC, and draw comparisons with the Environmental Protection Act and the proposed act on safety of offshore exploration and hydrocarbons exploitation, especially in the part imposing obligations on ships sailing in the territorial sea of the Republic of Croatia and research and oil and gas exploitation vessels in the Adriatic Sea.
In this professional presentation we will endeavour a comparative analysis of the aims of the Directive – the prevention and remedying of damage, the concept of “carrier” compared to the concept of “shipowner” from the Maritime Code, the “polluter pays” principle and the “prevention” principles, the principle of remedying the damage by returning the environment into its original state by way of primary, supplementary and compensatory remedies, and identification of authorities and persons bound by the Directives (stakeholders).
The central part of the presentation will concern the penetration of European into domestic legislation and its impact on the resolution of cases of pollution from ships, i.e. consequences for shipowners. Special attention will be paid to recent cases of minor pollution in ports open to international public traffic, new approaches and consequences. In conclusion, the intention of this presentation is to explore whether the said Directives have had an impact on the rules of the leading P&I clubs.
