10. Russian Federation

Abstract

In the follow-up to the Governmental Regulation of 9 July (<Документы – Правительство России) that endorsed accession of the 2007 Russian Federation to the Nairobi International Convention on the Removal of Wrecks (Nairobi Convention), a federal law (Law no. 395-FZ of 6 December), formalized the accession. The law includes for a reservation not to be bound by clauses 2 and 3 of Article 15 (Settlement of Disputes). The law also contains a notification about extending the application of the Nairobi Convention to its territorial sea as per clause 2 of Article 3 of the convention (<http://www.en.kremlin.ru/acts/news/67293>). In implementing the international commitments under the Nairobi Convention, necessary amendments to the domestic law were introduced by Federal Law no. 470-FZ, dated 30 December. In particular, the Merchant Shipping Code generally prohibits sinking of ships or their wrecks within the internal marine waters, territorial sea, and exclusive economic zone (<https://www.wto.org/english/thewto_e/acc_e/rus_e/WTACCRUS33A1_LEG_15.pdf>). Sunk or stranded ships, except for warships, shall be subject to removal. Under its new Chapter VII, a ship owner or a ship operator shall be obliged to report to a master of the nearest sea trading port the sunk wreck(s) with indications of circumstances and details as required by the convention. The right to report is also afforded to any person in the form of mere notification. Copies of such reports shall be transferred to the government of the Russian Federation, governments of affected federal regions, and to the states where the ship is registered. On the basis of these reports, relevant Russian governments shall take a decision to either remove a wreck or confirm absence of an environmental hazard. A ship owner shall be obliged to remove a wreck within established terms depending on the type of hazard (within three months, should the wreck pose a hazard to navigation or the marine environment, or six months, if there is a hazard to fishing or hydro-technical constructions) after notification of the sea trading port and in conformity with removal compliance documentation. Should this not be done, wrecks shall be removed by a relevant sea trading port or by the government of the nearest federal region. The latter are entitled to require compensation of costs from an insurance company. A ship owner who omits an obligation to provide a removal compliance documents shall be released from the ownership right that may be reinstated upon a judicial ruling.