ARTICLE
26 September 2017

Use Of Electronic Oil Record Books On Board Cyprus-Flagged Vessels

EN
Elias Neocleous & Co LLC

Contributor

Elias Neocleous & Co LLC is the largest law firm in Cyprus and a leading firm in the South-East Mediterranean region, with a network of offices across Cyprus (Limassol, Nicosia, Paphos), Belgium (Brussels), Czech Republic (Prague), Romania (Budapest) and Ukraine (Kiev). A dynamic team of lawyers and legal experts deliver strategic legal solutions to clients operating in key industries across Europe, Asia, the Middle East, India, USA, South America, and China. The firm is renowned for its expertise and jurisdictional knowledge across a broad spectrum of practice areas, spanning all major transactional and market disciplines, while also managing the largest and most challenging cross-border assignments. It is a premier practice of choice for leading Cypriot banks and financial institutions, preeminent foreign commercial and development banks, multinational corporations, global technology firms, international law firms, private equity funds, credit agencies, and asset managers.
The Department of Merchant Shipping recently issued guidance regarding the use of electronic oil record books on board Cyprus-flagged vessels...
Cyprus Transport

Introduction

Under the International Convention for the Prevention of Pollution from Ships (MARPOL), only wastewater containing a specified proportion of oil may be discharged directly overboard and all discharges must be recorded in an oil record book. The Department of Merchant Shipping recently issued guidance regarding the use of electronic oil record books on board Cyprus-flagged vessels, which follows the recommendations of the International Maritime Organisation's Marine Environment Protection Committee.

On request from an owner or manager, the Department of Merchant Shipping may authorise the use of an electronic oil record book on board a Cyprus-flagged vessel, provided that it satisfies the prescribed requirements, which are summarised in the guidance.

Electronic oil record book

An electronic oil record book may be used only if it is accompanied by a printed record. Vessels using electronic oil record books must retain a printed copy of all entries in chronological order signed by the officers in charge of operations and each completed page must be signed and dated by the master. The printed copy of the electronic oil record book is considered to be the official oil record book and must be kept in a secure location on board and made available for examination when requested. The paper version of the electronic oil record book must be retained for at least three years.

Software providers may obtain approval from the Department of Merchant Shipping for their electronic oil record book applications and a list of approved suppliers will be published on the department's website. To obtain approval, suppliers must demonstrate that their software complies with:

  • the Department of Merchant Shipping requirements regarding printed copies;
  • Regulations 17 and 36 of Annex I of MARPOL; and
  • the requirements of the International Maritime Organisation's Marine Environment Protection Committee and its draft guidance for the use of electronic record books under MARPOL.

Applicants must also submit a declaration that the software has been developed according to these standards and that the system concerned has been installed, tested and is in full functioning order on board a Cyprus- flagged vessel. Alternatively, they may submit a software conformance certificate issued by a recognised organisation. Following evaluation of the required information and the successful demonstration of the software, the Department of Merchant Shipping will issue a letter of approval which will be valid for up to three years.

 Approved electronic oil record book systems must be updated to reflect any amendments to MARPOL and the Department of Merchant Shipping must be informed of such updates.

A €2,000 fee is payable for initial approval and a €500 fee is payable in respect of any software update. Renewal of the letter of approval costs €1,000.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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