Enrique Ortiz Outlines the Legal Status of the Vessel “MV HONDIUS” in Light of the Serious Health Crisis Unfolding on Board
We would like to thank the local media outlet “La Voz de Canarias” for turning to our firm to gather and report on the situation regarding the vessel “MV HONDIUS,” which is currently conducting its evacuation operation from the port of Granadilla on the island of Tenerife.
Enrique Ortiz Bastos, our partner and colleague at the Cádiz office, provided a detailed response to the legal issues raised by the situation in the context of the law of the sea, the actions of public health authorities, and the division of responsibilities among institutions. Enrique thus emphasized the importance of implementing the United Nations Convention on the Law of the Sea, which must, in this case, be applied in conjunction with the International Health Regulations of 2005 of the World Health Organization (WHO). He also emphasized the need for the various institutions and agencies involved to work very closely with the Captain in order to find the best solution to this serious situation.
The “Certificate of Free Practique” takes on particular importance in this scenario; we discussed this certificate in our October 2021 article, “Impact of COVID-19 on Ship Operations in Spanish Ports” when we were affected by the COVID-19 pandemic. This certificate consists of a sworn statement made by the ship’s captain regarding the health situation on board. In any case, however, the final decision on whether to authorize the ship’s entry into port will always rest with the Ministry of Health, through the Foreign Health Service, acting in coordination with the Tenerife Port Authority.
Our partner emphasized that the flag state would not bear direct responsibility for the actions of the captain or the shipowners in the event of an epidemic or infection on board, although this does not preclude the captain and the shipowners from being held accountable for the statements they make and the actions and measures they take. Therefore, both parties could face administrative, civil, or criminal liability if they fail to provide the necessary information accurately, fail to comply with onboard protocols, or fail to cooperate with the relevant authorities, thereby minimizing the serious impact of the situation on their passengers, crew, and any third parties who may be affected.
