Search results

The paper elaborates on national provisions regulating the conduct of safety and administrative investigations for marine casualties and incidents in the Republic of Croatia. On 5 November 2015, the Government of the Republic of Croatia adopted the Regulation on the Methods and Conditions for Conducting Safety Investigation of Marine Casualties and Incidents, which transposes in the legal order of the Republic of Croatia 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 amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council. The conducting of administrative investigation in the Republic of Croatia is regulated by the Ordinance on the Methods, Requirements and Powers for Conducting Administrative Investigation of Marine Casualties enacted in 2016. Unlike safety investigation, administrative investigation is conducted to collect evidence and data for detecting the perpetrator of a maritime accident and to ascertain his/her misdemeanour and criminal responsibility. The authors present the outcomes of safety and administrative investigation procedures to effectively establish the circumstances and causes of such casualties and incidents for the purpose of improving maritime safety and reducing the risk of future casualties involving passenger ships and preventing pollution from ships. ; U radu se analiziraju nacionalne odredbe kojima se regulira provođenje sigurnosnih i upravnih istraga u slučaju nastanka pomorskih nesreća i nezgoda u Republici Hrvatskoj. Vlada Republike Hrvatske donijela je 5. studenoga 2015. godine Uredbu o načinu i uvjetima za obavljanje sigurnosnih istraga pomorskih nesreća i nezgoda, koja u pravni poredak Republike Hrvatske prenosi Direktivu 2009/18/EZ Europskog parlamenta i Vijeća od 23. travnja 2009. o određivanju temeljnih načela o istraživanju nesreća u području pomorskog prometa i ...

The paper elaborates on national provisions regulating the conduct of safety and administrative investigations for marine casualties and incidents in the Republic of Croatia. On 5 November 2015, the Government of the Republic of Croatia adopted the Regulation on the Methods and Conditions for Conducting Safety Investigation of Marine Casualties and Incidents, which transposes in the legal order of the Republic of Croatia 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 amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council. The conducting of administrative investigation in the Republic of Croatia is regulated by the Ordinance on the Methods, Requirements and Powers for Conducting Administrative Investigation of Marine Casualties enacted in 2016. Unlike safety investigation, administrative investigation is conducted to collect evidence and data for detecting the perpetrator of a maritime accident and to ascertain his/her misdemeanour and criminal responsibility. The authors present the outcomes of safety and administrative investigation procedures to effectively establish the circumstances and causes of such casualties and incidents for the purpose of improving maritime safety and reducing the risk of future casualties involving passenger ships and preventing pollution from ships. ; U radu se analiziraju nacionalne odredbe kojima se regulira provođenje sigurnosnih i upravnih istraga u slučaju nastanka pomorskih nesreća i nezgoda u Republici Hrvatskoj. Vlada Republike Hrvatske donijela je 5. studenoga 2015. godine Uredbu o načinu i uvjetima za obavljanje sigurnosnih istraga pomorskih nesreća i nezgoda, koja u pravni poredak Republike Hrvatske prenosi Direktivu 2009/18/EZ Europskog parlamenta i Vijeća od 23. travnja 2009. o određivanju temeljnih načela o istraživanju nesreća u području pomorskog prometa i izmjeni Direktive Vijeća 1999/35/EZ i Direktive 2002/59/EZ Europskog parlamenta i Vijeća. Provođenje upravne istrage u Republici Hrvatskoj regulirano je Pravilnikom o načinu, uvjetima i ovlastima za obavljanje upravne istrage pomorskih nesreća koji je donesen 2016. godine. Za razliku od sigurnosnih istraga, upravna istraga provodi se radi prikupljanja dokaza i podataka za otkrivanje počinitelja pomorske nesreće te utvrđivanja njegove prekršajne i kaznene odgovornosti. Autori predstavljaju ishode sigurnosnih i upravnih istraga koje se provode kako bi se učinkovito utvrdile okolnosti i uzroci nastanka takvih nezgoda i nesreća, a sve radi bolje sigurnosti pomorske plovidbe i smanjenja rizika od budućih nezgoda koje uključuju putničke brodove, kao i sprječavanja onečišćenja s takve vrste brodova.

This paper gives an overview of the legal regulations on reporting formalities for ships arriving in and/or departing from ports, both on international and EU level, as well as about the solutions in the Republic of Croatia. In particular, there are analyzed the achievements of the International Maritime Organization (IMO), which represent the base for further action. The European Union has recognized the importance of an efficient and harmonized procedure for ships arriving in and/or departing from ports by adopting a range of legal instruments aimed at reducing administrative barriers for ships arriving in and/or departing from European ports. This paper especially analyzes the solutions of Directive 2010/65/EU of the European Parliament and of the Council on the official application procedure on reporting formalities for ships arriving in and/or departing from the Member States ports and repealing Directive 2002/6/EC. It also analyses Regulation (EU) 2019/1239 of the European Parliament and of the Council on establishing a European Maritime Single Window environment and repealing Directive 2010/65/EU. The reasons for the adoption of Regulation (EU) 2019/1239 shall be specifically explained. In the last part of the paper, the authors review the achievements of the Republic of Croatia in implementing measures for establishing a single national Window. By comparing the solutions contained in EU regulations and Croatian by-laws, the authors point to the existence of non-compliance and to the need for further action.

The paper explains the issue of establishing a maritime domain cadastre and the importance of
establishing the boundaries of maritime domain. Particular importance is given to the clear definition
of the concept of maritime domain in order to make it clear what area can be declared a maritime
domain and why and what is its spatial coverage. Legislation has tried to establish a maritime cadastre
as a separate part of the cadastre, but it has not yet been achieved. Today, the maritime domain and
its boundaries are entered in the land registers kept by the municipal courts.
The authors consider it important to initiate the process of revision of Maritime Domain and Seaports
Act (hereinafter: MDSA), adopted in 2003, which has changed several times, but without resolving
the open issues of maritime domain management. This is especially important in order to avoid the
misuse and misappropriation of maritime domain and to harmonize the activities of coastal counties
in the process of establishing the boundaries of maritime domain.

This paper provides an overview of activities of the European Commission for establishing a single European maritime transport space and indicates whether and to what extent the adopted strategy documents have established their operations in practice. Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/ EC, as well as Directive 2002/59/EC of the European Parliament and of the Council establishing the Community vessel traffic monitoring and information system, which represent significant legislative achievements of the European Union in the process of reducing administrative burdens to which ships are exposed in the maritime transport, are particularly analyzed. Reasons for amending Directive 2002/59/EC are especially explained. In the last part of the paper, authors review the achievements of the Republic of Croatia regarding the implementation of measures for the establishment of a single European maritime transport space. Based on the results of a comparative overview of solutions contained in the Directives and Croatian bylaws, authors point to the existence of non-compliance and to the need for further action.

This paper provides an overview of activities of the European Commission for establishing a single European maritime transport space and indicates whether and to what extent the adopted strategy documents have established their operations in practice. Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/ EC, as well as Directive 2002/59/EC of the European Parliament and of the Council establishing the Community vessel traffic monitoring and information system, which represent significant legislative achievements of the European Union in the process of reducing administrative burdens to which ships are exposed in the maritime transport, are particularly analyzed. Reasons for amending Directive 2002/59/EC are especially explained. In the last part of the paper, authors review the achievements of the Republic of Croatia regarding the implementation of measures for the establishment of a single European maritime transport space. Based on the results of a comparative overview of solutions contained in the Directives and Croatian bylaws, authors point to the existence of non-compliance and to the need for further action.

One of the strategic development priorities of the Republic of Croatia is the development and construction of a modern telecommunications network and the availability of high-speed Internet throughout its territory, especially in rural areas and on islands. To enable this, it is important to build a reliable and resilient communication infrastructure. With the cooperation of all stakeholders in the construction, from telecom operators to local and state administrations responsible for the maritime demesne, and with efficient legislation, it is possible to achieve sustainable development of submarine cable infrastructure. The paper provides an overview of the legal aspects of submarine optical cable infrastructure design and application at the national and international levels. Special attention is dedicated to the analysis of a national legal regime regulating the protection and sustainable use of submarine cables. Thus, the authors will provide critical analysis of a kind of dualism present in the application of the Ordinance on the Register of Concessions and the Ordinance on the Register of Concessions on the Maritime Demesne and offer suggestions for potential improvements of a national legal framework pertaining to the right of laying and legally protecting submarine cables.