Legislation Details
- Full Title: Cabinet Resolution Regarding Marine Wrecks and Violating Vessels
- Law Type: Cabinet Resolution
- Law Number: No. (71) of 2021
- Issued Date: 01 Jul 2021
- Effective Date: 15 Aug 2021
- Official Gazette: No. 706
- Sector: Energy, Transport and Infrastructure
- Status: Active
- Number of Articles: 30
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the management of marine wrecks and violating vessels within the United Arab Emirates (UAE). It defines key terms, outlines the scope of application, and establishes the responsibilities of various authorities in addressing issues related to wrecks and non-compliant vessels. The Resolution aims to ensure maritime safety, protect the marine environment, and enable the efficient recovery and removal of wrecks and violating vessels from UAE waters and ports. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 1-2) The Resolution is significant for businesses and individuals operating in the UAE maritime sector, as it imposes specific obligations and penalties for non-compliance. It requires vessel owners and operators to maintain seaworthiness, pay crew salaries, and secure adequate insurance coverage. Failure to do so can result in the vessel being classified as "violating" and subject to various enforcement actions, including towing, wreck recovery, and potential sale by public auction. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 3-10)
What is the scope and purpose of this law?
The provisions of this Cabinet Resolution apply to all national and foreign vessels in the UAE's waters and ports in the following cases: (1) when they fall under the description of a "wreck"; (2) when they are considered "violating vessels"; and (3) when they are arrested in UAE waters or ports and are unseaworthy or have become unseaworthy due to various factors. The Resolution does not apply to warships or public service vessels owned by federal or local government entities. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 2) The purpose of this Resolution is to regulate the management of marine wrecks and violating vessels in the UAE, ensuring maritime safety, protecting the marine environment, and enabling the efficient recovery and removal of such vessels from UAE waters and ports. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 1-2)
What are the key definitions under this law?
The Cabinet Resolution provides the following key definitions:
- State: The United Arab Emirates (UAE).
- Ministry: The Ministry of Energy and Infrastructure.
- Minister: The Minister of Energy and Infrastructure.
- Competent Authority: The port authority or the competent local maritime authority.
- Committee: The Wrecks and Violating Vessels Committee referred to in Article 7.
- State Waters: The internal, territorial and exclusive economic waters of the UAE, and its zone.
- Ports: The seaports in the UAE.
- Vessel: Any seagoing vessel normally operated or intended to operate in maritime navigation, regardless of its power, cargo or purpose of navigation.
- Wreck: Marine wreck, including sunken or stranded vessels, stranded or sunken objects lost from vessels, and vessels about to sink or strand.
- Violating Vessel: A vessel that violates the laws in force in the UAE, in accordance with Article 3.
- Arrested Vessel: A vessel arrested under an order of a court, arbitration tribunal, the Ministry or a competent authority.
- Derelict Vessel: A vessel abandoned, neglected, or left without an adequate crew.
- Owner: The natural or legal person who owns the vessel according to its registration certificate.
- Operator: The natural or legal person exploiting the vessel for their own account, either as an owner or demise charterer.
- Written Warning: A warning issued based on a recommendation by the Committee, requiring the violating vessel to depart from the UAE waters, regularize its status, or obligate the owner of the wreck to recover and remove such wreck.
(Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 1)
What are the main obligations and requirements?
The Cabinet Resolution imposes the following key obligations: 1. Vessel owners or operators must ensure the seaworthiness of their vessels, pay seafarers' salaries for at least two consecutive months, and provide the crew with supplies and fuel to operate the vessel's engines. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 3(1)) 2. Vessel owners or operators must pay the fees and expenses related to the vessel's towing, insurance, and berth. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 3(2)) 3. Vessels with a gross tonnage of 300 tons or more must have insurance or financial security to cover liability for the removal of wrecks and their impacts. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 4) 4. Wrecks cannot be recovered without prior approval from the Ministry or the competent authority. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 5)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements beyond the need to obtain prior approval from the Ministry or the competent authority before recovering a wreck. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 5)
What rights and protections does this law provide?
The Cabinet Resolution does not explicitly outline any specific rights or protections granted to individuals, workers, businesses, or other parties. The focus of the legislation is on the obligations and responsibilities of vessel owners, operators, and relevant authorities in managing marine wrecks and violating vessels. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Cabinet Resolution are: 1. The Ministry of Energy and Infrastructure, which is responsible for issuing written warnings, approving wreck recovery, and overseeing the Wrecks and Violating Vessels Committee. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 7-8) 2. The Wrecks and Violating Vessels Committee, which is responsible for studying the technical cases of wrecks and violating vessels, recommending measures to the Ministry, and assisting with expert input. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 7) 3. The competent authority, which is the port authority or the competent local maritime authority, and may coordinate with the Ministry on certain matters. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 5, 7)
What are the penalties for non-compliance?
The Cabinet Resolution does not specify any penalties for non-compliance. It states that the administrative penalties listed in the attached schedule shall be imposed on violators of the provisions of the Resolution, but the schedule is not provided in the text. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 11)
What fees, charges, or financial provisions are specified?
The Cabinet Resolution outlines the following financial provisions: 1. The fees and expenses related to the towing of a vessel shall be recovered from the vessel owner, operator, or the right-holder of the vessel. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 6(3)) 2. The Ministry, the competent authority, or the entity authorized by either of them may recover all expenses incurred for the salvage of the wreck, removal of the vessel, remediation of any environmental damage, or the implementation of preventive measures to reduce marine pollution. These costs may be recovered by selling the wreck or the vessel administratively by public auction. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 9) 3. The dues owed to the Ministry, the competent authority, and the delegated entity, including administrative fees, expenses, and fines, shall be deducted from the proceeds of the sale of the wreck or vessel. The remaining balance shall be deposited into the treasury of the court. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 10(a))
What exemptions or exceptions apply?
The Cabinet Resolution states that it shall not apply to warships or public service vessels owned by the federal or local governmental entities. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 2(4))
How are disputes resolved under this law?
The Cabinet Resolution provides the following dispute resolution mechanism: Any party who has capacity and interest may submit a written grievance to the Ministry against any administrative penalty imposed on them, within five (5) working days of being notified of the contested decision. The Ministry shall consider the grievance within ten (10) working days from its submission, in accordance with the procedures applicable in the Ministry. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 11(2))
What are the key deadlines and time limits?
The Cabinet Resolution specifies the following key deadlines and time limits: 1. The written warning issued by the Ministry shall require the vessel owner or operator to take the necessary measures within a period not exceeding sixty (60) days from the date the written warning is delivered or affixed to the vessel or wreck. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 8(b)) 2. The Ministry shall consider any written grievance against an administrative penalty within ten (10) working days from its submission. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 11(2))
How does this law interact with other UAE legislation?
The Cabinet Resolution references the following UAE federal laws: 1. Federal Law No. (1) of 1972 Regarding the Competencies of Ministries and the Powers of Ministers, as amended. 2. Federal Law No. (26) of 1981 Regarding Maritime Commercial Law, as amended. 3. Federal Law No. (24) of 1999 Regarding the Protection and Development of the Environment, as amended. 4. Federal Law No. (14) of 2016 Regarding the Administrative Violations and Penalties in the Federal Government. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Preamble)
When did this law come into effect?
The Cabinet Resolution Regarding Marine Wrecks and Violating Vessels was issued on 01 July 2021 and came into effect two months after the date of its publication in the Official Gazette, which was 15 July 2021. (Cabinet Resolution Regarding Marine Wrecks and Violating Vessels, 2021, Art. 14)
Source Documents
This article analyses Cabinet Resolution Regarding Marine Wrecks and Violating Vessels for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.