ALMA bill seeks wider powers to protect boats in dangerous weather
A proposed bill would extend authorities’ powers to restrict smaller vessels during severe sea and weather conditions.
Nicosia, Cyprus. The ALMA Movement – Citizens for Cyprus has prepared a bill to extend the authorities’ powers to protect boats during especially adverse weather and sea conditions.
ALMA MP Irene Charalambides said the proposal addresses a legislative gap highlighted by the recent Cape Greco incident and has been submitted to House of Representatives services for tabling at the next plenary session.
Extension of safety powers
According to the explanatory report, the bill would allow the Competent Authority to take preventive safety measures affecting ships and boats that are currently outside the scope of the main law because of their gross tonnage, length, type or use.
The proposal would extend to smaller vessels powers that already apply to certain categories of larger ships.
Article 21 of the main law allows the Competent Authority to recommend or ban a vessel’s departure or arrival when sea or weather conditions are especially adverse and pose a serious risk to human life or the environment.
These provisions were introduced to harmonise Cypriot legislation with EU Directive 2002/59/EC and generally apply to ships with a gross tonnage of 300 units or more. Certain smaller ships and boats are currently excluded.
Scope of proposed measures
The bill would use provisions in Article 3 of the main law to override existing limits and exclusions specifically in cases of especially adverse sea or weather conditions, without altering the law’s general scope or other EU-harmonisation provisions.
It would apply to ships and boats in a Republic of Cyprus port or within its territorial waters that are not otherwise covered by the main law.
Warships, auxiliary warships and other state vessels used for non-commercial public services would remain excluded.
Navigation and relocation restrictions
The proposed powers would not be limited to banning departure or arrival. The Competent Authority could also restrict or prohibit navigation, anchoring or remaining in a specific area where conditions pose a serious risk.
Where necessary, it could order the preventive relocation of a ship or boat to a safe port, marina, fishing shelter, safe anchorage or another suitable sheltered location.
Any measure would be based on sea conditions and weather forecasts provided by a competent meteorological service recognised by the Republic.
General directives and exceptional departures
The bill would also allow the issue of a general directive for a specific area or category of ships, avoiding the need to notify every affected boat individually in cases of imminent danger.
A captain could depart from a directive to remain in place or relocate in exceptional circumstances if they reasonably judge that immediate compliance would create a more serious and immediate risk to human life or the vessel’s safety.
In such cases, the captain would be required to inform the Competent Authority.
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