Following the recent measures introduced with the D.L. n. 125/2020 and the consequential extension of the state of emergency, the effectiveness of the requirements of dpcm 7 August 2020 for the movement of crew and crew of means of transport has been extended. These measures provide, upon their entry into Italy, the compilation of a self-declaration proving the work needs, as well as the prior communication to the department of prevention of the health company competent according to the place of entry.
The epidemiological emergency from Covid-19 has had a strong impact on the cruise transport sector, raising various legal issues regarding contagion liability. In particular, on the compensation of damage from “emotional distress” a recent ruling by the United States District Court has illustrated the criteria necessary to admit the compensation of the aforementioned damage, requiring the existence of both material damage and a near risk of such damage.
The last amendment to “Decreto Rilancio” has been recently approved by the Parliament by the introduction of new art. 199 bis pursuant to which the ship can carry out operations under self-handling under certain conditions.
The Court of Appeal of Genova recently ruled an interesting case on a yacht insurance policy giving an extensive interpretation of the events covered by the policy up to and including sinking or flooding of the yacht for sea waves not only caused by bad weather.
EU Healthy Gateways (a Joint Action Consortium founded in 2014 by European Union with the aim of supporting cooperation between member states in dealing with health threats in the transport sector) recently provided an interim advice “for restarting cruise ship operations after lifting restrictive measures in response to the Covid-19 pandemic”.
The review of the news introduced by Law Decree no. 34/2020 (“Decreto Rilancio”) continues: herewith attached, a brief analysis about the measures adopted for railway transport.
On last 20th of May by the Legislative Decree no. 34/2020 (so called “Decreto Rilancio”) the Italian Government issued a number of measures concerning port works and maritime transports aimed at supporting companies operating in Italian ports in order to assist them in facing the business disruption directly and indirectly connected to the spread of the Coronavirus.
Following the latest measures adopted by the Italian Government to face the healthcare emergency raised by Covid 19, on 17 May 2020 the Ministry of Infrastructure and Transport issued Guidelines related to land and sea transport, with the aim to impose specific health obligations in order to contain the spread of the infection. Among the various recipients of the aforementioned Guidelines there is also the sector of charter of yachts and pleasure vessels, in which it has been established the adoption of important and strict health provisions for the operators.
SLM continues to monitor the legislative measures taken by the Government in order to prevent the spread of Covid-19.
See in the attached update how the new measures affect the maritime transport of passengers and the safety measures to be taken in transport industry.
The Covid-19 epidemic has affected the world of transport and logistics with regard to the container demurrages and detentions costs due to the delayed return of the empty containers to the Line or to the prolonged storage of the stuffed containers on the port terminal areas extra the “free-time period”, as it results from the brief insight attached.