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Measures to Prevent Collisions with Offshore Installations on the Dutch Continental Shelf

Published online by Cambridge University Press:  21 July 2009

1. introduction

On February 1988, the M.S. Cape, a 2,000 ton coaster sailing under the Honduran flag, passed the K14 FA 1 production platform belonging to the Nederlandsche Aardolie Maatschappij (NAM) at a distance of 25 meters. The ship had been drifting because of an engine failure but did not communicate this fact until it had reached an adjacent production platform, by which time it had successfully solved its engine problem. As a result of this incident, the production of gas was halted for some time and the operator of the platform suffered considerable losses. On 28 February 1988, the Swedish ferry M.S. “Vinca Gorthon” entered a field with severe weather conditions, ran into trouble, sent a MAY-DAY call, listed and sunk right on top of a Unocal pipeline, which was damaged. Oil transport through this pipeline had to be stopped immediately. The daily loss suffered by the operator was approximately Dfl.1,5 million.

Type
Current Legal Developments
Copyright
Copyright © Foundation of the Leiden Journal of International Law 1988

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References

1. “The Operator/CONF. 62/122; see Simmonds, The Status of the United Nations Convention on the Law of the Sea, 34 I.C.L.Q. 359 (1985); and Shearer, Problems of Jurisdiction and Law Enforcement against Delinquent Vessels, 35 I.C.L.Q. 320 (1986).

2. A convenient collection of these regulations is to be found in Schuurman and Jordens, 1983 no.145-II.

3. Staatscourant, 23 September 1983,428.

4. 1959 Tractatenblad 126.

5. Supra, note 2.

6. This code does not have force of law in the Netherlands.

7. UN Doc. A/CONF. 62/122; see Simmonds, The Status of the United Nations Convention on the Law of the Sea, 34 I.C.L.Q. 359 (1985); and Shearer, Problems of Jurisdiction and Law Enforcement against Delinquent Vessels, 35 I.C.L.Q. 320 (1986).

8. Cf. the I'm Alone Case, R. IAA 1609 (1935), discussed by Shearer, supra, note 7.

9. Dutch mining regulations require that each operator draw up a disaster contingency plan containing a disaster notification procedure and certain emergency action procedures to secure safety in operations.

10. No. A 621(15) Annex 2.

11. id., at 40.

12. I.e., WetBeslrijding Ongevallen Noordzee.

13. 1970 Tractatenblad 197.

14. Id., 1977, at 162.