The InterTran Research Group for Sustainable Law and Business, at the University of Helsinki and Turku School of Economics (Finland) welcomes proposals for extended abstracts to be presented at the upcoming international conference on Implementing Fit for 55 – The right Logistics and Transport Infrastructure for a Net Zero-Carbon Future. The Nordics at the Helm? The event is organized in collaboration with the Finnish Swedish Chamber of Commerce (FINSVE) and the Institute for Sustainability Science at the University of Helsinki (HELSUS). The conference will include presentations by invited participants (August 24) as well as by extended abstracts selected in the course of this call (August 25). Deadline for submission of abstracts is 20 June 2022. More information can be found in the call and here.
Author Archives: N.F. Coelho
The Secretariat of the Memorandum of Understanding on Port State Control in the Black Sea Region (BS MoU), have agreed on an interim guidance on the issue of repatriation of Ukrainian seafarers, creating a common approach for implementing inspection activities in respect to the repatriation of seafarers. Inter alia, the document encourages Port State Cntrol Officers to show “flexibility” and adopt a “pragmatic approach”, all the while considering that the port State should be assured that seafarers with certificates of competency and associated documentation issued by Ukraine might face difficulties when seeking their renewal. This Interim Guidance on Repatriation of Seafarers due to the Conflict in Ukraine published 10 May 2022 by the BS MoU is available here. A press release from BS MoU dated 19 April 2022 is here.
Law firm Volterra Fietta is organizing a seminar entitled Maritime boundary delimitation in practice. This event will address will discuss how States and private companies alike can better understand and negotiate, and if necessary, plead maritime boundary delimitation in the most sophisticated and detail-oriented ways. The event will take place on 18 May 2022. For more information, see here.
The University of Greenwich (U.K.), with the support of NGO Human Rights at Sea, is offering a scholarship for a postgraduate researcher to address the relationship between International Human Rights Law (IHRL), the Law of the Sea and those other bodies of law of relevance within the maritime environment. The applicant must address the application of IHRL, the monitoring of human rights standards, compliance with and enforcement of the law. Closing date for applications is 30 June 2022. More information is available here and here.
The Netherlands Institute for the Law of the Sea (NILOS) and the Utrecht Center for Water, Oceans and Sustainability Law (UCWOSL) of Utrecht University, in collaboration with the Royal Netherlands Institute for Sea Research (NIOZ), are organizing the workshop “Non-use measures for global goods and commons in international law”, which will take place on 8-9 May 2023 in Utrecht, The Netherlands. The workshop intends to look at a selection of non-use measures (e.g., bans, moratoria, closed areas) to better understand how specific non-use measures were adopted (or not) and with what effects, and to consider the potential for success of proposals currently under discussion or consideration. Non-use measures related to four themes will be discussed: marine living resources, Antarctica, areas beyond national jurisdiction at sea, and the atmosphere and outer-space. The deadline to submit an abstract is 31 July 2022. More information is available here.
The University of the Faroe Islands and the Law of the Sea Institute of Iceland are organizing a conference entitled Persistent and Emerging Challenges in International Fisheries Law. This conference will focus on challenges that emerge and those that persist in international fisheries law, including IUU fisheries related matters, institutional mechanisms in RFMOs, jurisdictional aspects in regard to fisheries disputes, substantive aspects in regard to disputes on the conservation and management of transboundary fish stocks, trade related measures with respect to fisheries resources and fisheries related matters concerning BBNJ. The event shall be held in the Faroe Islands, at Kongshøll, on 23 – 25 June 2022. Early bird registration deadline is 15 May 2022. More information is available here.
The Norwegian Centre for the Law of the Sea (NCLOS), at the Faculty of Law of UiT, The Arctic University of Norway, has launched a call for papers for its annual Conference, which will be organized in Tromsø, Norway, November 23-24, 2022. NCLOS invites papers addressing the Conference theme “Ocean Space”, broadly constructed. Examples of topics that would fall within the scope of the Conference includes the spatial architecture constructed by the law of the sea; challenges posed by ocean connectivity of currents, species, domains etc.; integrated ocean management; marine spatial planning; protection and preservation of the marine environment in the land-sea interface; limits and possibilities of thinking land and sea together within and beyond the LOSOG framework; effects of emerging issues threatening the marine environment, such as climate change, marine plastic pollution, ocean acidification etc. More information is available here.
Kadir Has University in Istambul (Turkey) is hosting this years edition of its international law of the sea summer academy on 18-29 June 2022. The theme is the 40 years of the United Nations Convention on the Law of the Sea. Registration is now open with early application deadline by 15 May 2022; the program and further information is available here.
The United States House of Representatives passed the Don Young Coast Guard Authorization Act of 2022 to authorize appropriations for the Coast Guard, and for other purposes. Inter alia, this amendment provides the following amendments on “Manning and Crewing Requirements for Certain Vessels, Vehicles and Structures” (see Sec. 419):
The Secretary may provide an exemption (…) to the owner or operator of a covered facility if each individual who is manning or crewing the covered facility is – (1) a citizen of the United States; (2) an alien lawfully admitted to the United States for permanent residence; or (3) a citizen of the nation under the laws of which the vessel is documented.
An exemption under this subsection is an exemption from the regulations established pursuant to section 30(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)(3)).
An exemption under this section – (1) shall provide that the number of individuals manning or crewing the covered facility (…) (a) may not exceed two and one- half times the number of individuals required to man or crew the covered facility under the laws of the nation under the laws of which the covered facility is documented; and (2) shall be effective for not more than 12 months, but may be renewed by application to and approval by the Secretary.
The term ‘covered facility’ means any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the President determines that the government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploring for, developing, or producing resources, including non-mineral energy resources in its offshore areas.
This Bill also imposes the purchase of automatic identification systems for fishing vessels, fish processing vessels, fish tender vessels more than 50 feet in length (see Sec. 307). The Bill was received in the United States Senate on 30 March 2022 and referred to the Committee on Commerce, Science, and Transportation. A full version of Bill H.R. 6865 may be found here.
A Court of Appeal in Norway (Gulating Lagmannsrett) confirmed the prison sentence of a ship owner for aiding and abetting the attempt to export a ship to Pakistan for scrapping, in violation of the Norwegian Pollution Control Act. The Court of Appeal found that it makes little difference to the criminality of the act if a shipowner himself sells the ship directly to a scrapper on the beach in Gadani, or sells to an intermediary and criminally contributes to its export and scrapping. Further information may be found in this press release from the Norwegian National Authority for Investigation and Prosecution of Economic and Environmental Crime (Økokrim). The background history on the case of this ship – the Harrier – was also published by the NGO Shipbreaking Platform.
The Emissions Trading Scheme Authority of the United Kingdom (UK ETS) is seeking stakeholder views on proposals to develop the UK ETS which operates across England, Scotland, Wales and Northern Ireland. This call is of particular interest to individual companies and representatives of the maritime sector as Chapter 7 sets out proposals to expand the scope of the UK ETS to the domestic maritime sector. UK ETS replaced the UK’s participation in the EU ETS on 1 January 2021. This consultation is open until 17 June 2022; more information available here.
The Maritime and Coastguard Agency (MCA) of the United Kingdom (UK) has published a summary of the responses to a consultation on the proposed Merchant Shipping (Nuclear Ships) Regulations. MCA had opened this consultation in August 2021 seeking views to assist in transposing Chapter VIII in the Annex to the International Convention for Safety of Life at Sea, 1974 (‘SOLAS’ or ‘the Convention’) into UK law. Views were also sought on the accompanying draft Marine Guidance Notice. The UK Government now intends to make the Regulations and bring them into force by the autumn of 2022. The Marine Guidance Note will be finalised and published at that time. A summary of the responses to that consultation is available here.
The United Kingdom (UK) banned Russian owned, operated, controlled, chartered, registered or flagged ships from entering UK ports. The ban entered into force on 1 March 2022 (see The Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022 here and here). See also the UK Department of Transport‘s press release.
The European Parliament adopted on 1 March 2022 a resolution (2022/2564(RSP)) calling for ports of European Union (EU) Member-States to block Russian vessels from entering. This call specifies that the ban should include “ships whose last or next port of call is in the Russian Federation, except in the case of necessary justified humanitarian reasons”.
Canada is also preparing to ban Russian vessels from entering its ports. A press release from the Government of Canada on the matter can be found here .
The United Nations Environment Assembly of the United Nations Environment Programme adopted on 2 March 2022 a resolution deciding that “the intergovernmental negotiating committee is to develop an international legally binding instrument on plastic pollution, including in the marine environment, which could include both binding and voluntary approaches“. The resolution, entitled “End Plastic Pollution: Towards an internationally legally binding instrument”, was adopted with the conclusion of the three-day UNEA-5.2 meeting. More information is available here and here. A draft version of the resolution can be read here.
The Aegean Institute of the Law of the Sea and Maritime Law is hosting an online event entitled Coopération en Méditerranée et droit de la mer. The conference will be held via Zoom on Friday 4 March 2022. More information is available here.
The European Commission (executive branch of the European Union) is preparing a new legislative proposal revising the Ship-Source Pollution Directive, a common framework outlining how to deal with illegal discharges from ships. This initiative aims at preventing marine pollution by ensuring that any natural or legal persons responsible for the discharge of polluting substances into EU waters are subject to adequate penalties. A public consultation is ongoing, divided into two sections: the first gathers views from citizens and the second targets experts and relevant stakeholders. The consultation is open until 3 March 2022. More information is available here.
The University of Southampton has opened a permanent post in Southampton Law School at the level of Lecturer. Applications are welcome from candidates with an interest in any of the following areas: Insurance Law, Marine Insurance, Carriage of Goods by Sea, Enforcement of Maritime Claims, and Maritime Arbitration. The successful applicant will be expected to join the Institute of Maritime Law. Closing date for applications is 30 January 2022. More information is available here.
This was a claim for judicial review in relation to decisions by the Director of the National Disaster Management Office (NDMO) and Director of Immigration of Vanuatu to refuse entry into Vanuatu of the claimant’s vessel, the Vanuatu Cargo, a Vanuatu-flagged ship, and its crew. It was held that in the circumstances, the defendant’s refusal to permit food and water to be delivered to the vessel’s crew constituted a breach of its obligations under article 94 of UNCLOS to ensure the safety of crew members at sea and that, accordingly, it was unlawful. The defendant’s decisions also breached article 28 of the IHR.
The International Seabed Authority (ISA) is looking for a Legal Officer (Regulatory Affairs) to lead the work on the development of regulatory instruments for deep-sea mining in the international seabed Area, including the Mining Code and associated standards and guidelines. Deadline for applications is 30 January 2022 via the UN Careers Portal (here).
The IMO International Maritime Law Institute (IMLI) is hosting a Course on the Law of Ports. This course emphasizes the importance of the work of the IMO for the efficient management of ports and the effective implementation by States of their obligations acquired under international treaties. It addresses many aspects of port operations, as well as numerous areas covered by IMO conventions and prescriptions which are of vital importance to the Law of Ports, including security, safety, marine environment protection, and trade facilitation. Applications are open until 25 January 2022. More information is available here.
The Marine Affairs Program at Dalhousie University, in partnership with the Nippon Foundation Ocean Nexus Center at the University of Washington, are hiring a Postdoctoral Research Fellow (PDRF) for a project aiming to evaluate economic security outcomes of public social safety measures in coastal and fishing communities and explore what policy solutions would best support marginalized and under-served populations of the seafood sector. Deadline for applications is 31 January 2022. More information here.
The Department of Marine Affairs in the College of Environment and Life Sciences at the University of Rhode Island is seeking an Assistant Professor of Marine Affairs with expertise in Marine and Coastal Law. Full consideration will be given to applications received by 1 February 2022. More information is available here.
The University of New South Wales (UNSW) is hiring a Research Fellow to contribute towards the research project of SHARP Professor Natalie Klein of the UNSW Law & Justice Faculty (School of Public and Global Law). The research project will be focused on the law of the sea, maritime security, state responsibility and international dispute settlement. The Research Fellow will provide high level research and administrative support, as well as undertake independent research and writing on a specific project on maritime security and international law. More information is available here.
The Government of Kiribati decided to lift the closure and apply a Marine Spatial Planning (MSP) to sustainably use marine resources in the Phoenix Islands Protected Area (PIPA). The Phoenix Islands Protected Area was first established in 2006. The closure of PIPA to commercial fishing activities or as a no take zone was realised in 2015. More information on the PIPA can be found in a dedicated UNESCO World Heritage Centre page. The press release from the Ministry of Fisheries & Marine Development of Kiribati can be read below:
French think tank Institut du développement durable et des relations internationales (IDDRI) is hiring a policy officer on coastal and maritime economy. The selected candidate is expected to support IDDRI’s “ocean team” in the implementation of ongoing projects, especially on high seas and regional ocean governance. Applications should be sent by 26 November 2021. More details can be found here.
Events: La contribución de la Unión Europea a la protección de los recursos biológicos en espacios marinos de interés internacional
The Spanish Association of Professors of International Law and International Relations (AEPDIRI) is hosting its congress on The contribution of the European Union to the protection of biological resources in marine areas of international interest. The event takes place 4-5 November 2021 at the premises of the University of Cordoba (Spain). The programme is available here.
Events: La controversia de la Fragata ARA Libertad ante el Tribunal Internacional del Derecho del Mar
The Law Faculty of the University of Buenos Aires (Argentina) is hosting an event on The “ARA Libertad” Case (Argentina v. Ghana), Provisional Measures, held before the International Tribunal for the Law of the Sea in 2012 (Case No. 20). This event takes place on 18 November 2021. Registration is open here (in Spanish) and the programme is available here (in Spanish).
The Ocean Policy Research Institute (OPRI) of the Sasakawa Peace Foundation has opened a vacancy for a Research Fellow or Senior Research Fellow. The selected candidate shall assist in gathering and analyzing information to promote ocean policy dialogues mainly targeting island countries including the Pacific, Asia, Indo-Pacific, Africa, regional and international organizations with a focus on ocean-related policies, legal systems, sustainability, and coordination with international initiatives. The application deadline is 19 November 2021. More information is available here
The China Oceanic Development Foundation, the Dalian Maritime University, and the University of Genoa are jointly hosting a seminar entitled Sea Lane Security between China and Europe. This event is set to happen online on 30-31 October 2021. The program is available here. Further information is available here.
The China Institute of Boundary and Ocean Studies (CIBOS) of Wuhan University is hosting a Massive Open Online Course (MOOC) on “The Establishment of the Outer Limits of the Continental Shelf: Science, Technology and Law”. This event is taking place through October and November 2021. This MOOC aims to introduce the legal regime of the continental shelf and the work of the Commission on the Limits of the Continental Shelf (CLCS). Registration is open here.
California State Lands Commission adopted regulatory amendments that will implement the federal ballast water discharge standards of the United States of America (USA) for vessels arriving at California ports. These changes will become effective on 1 January 2022.
The State rules apply to vessels over 300GT that are capable of carrying ballast water. The ballast water management requirements address vessels arriving in California Waters from a port or place outside the Pacific Coast Region and vessels arriving in California Waters from a port or place within the Pacific Coast Region, with ballast water from the Pacific Coast Region. The Pacific Coast Region (PCR) comprises the waters within 200nm of land on the Pacific Coast of North America east of 154°W longitude and north of 25°N latitude, excluding the Gulf of California.
The Commission’s press release dated 15 October 2021 is here. A brochure from the Commission’s Marine Invasive Species Program (MISP) with a summary of the regulatory changes is available here. A commentary published by marine insurance company North P&I on these measures is available here.
The Centre d’Études et de Recherches Internationales et Communautaires (CERIC) and the Institut du Droit Economique de la Mer (INDEMER) are organizing a colloquium on conflicts of use at sea, focusing on the conciliation of human activities in European waters. The event takes place on 18-19 November 20201 at the Law Faculty of the Université d’Aix Marseille. The programme is available here; registration is mandatory.
The Supreme Federal Court (STF) of Brazil upheld the appeal of family members of a fisherman who want the Federal Republic of Germany to compensate them for his death in 1943, when a fishing boat was sunk by a German submarine off the Brazilian coast. By majority vote, the STF established the thesis that unlawful acts committed by foreign States in violation of human rights do not enjoy immunity from jurisdiction in Brazil. Reference: (ARE) 954858.
The attack on the fishing boat Changri-lá killed ten fishermen in July 1943, during World War II, in Brazilian territorial sea, near Cabo Frio (RJ). In 2001, the Maritime Court officially recognized that the cause of the wreck was the torpedoing of the vessel by a German U-199 submarine, leading the grandchildren and widows of one of the fishermen’s grandchildren to file, in 2006, an action for compensation for material and moral damages. In the first instance, the action for reparation was dismissed without a resolution on the merits. The family appealed to the Superior Court of Justice (STJ), but the appeal was not admitted based on the jurisprudence of that Court, which prevents the foreign State from being held liable for an act of war.
The International Court of Justice has delivered on 12 October 2021 its Judgment in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). The Court found that there was no agreed maritime boundary between the Federal Republic of Somalia and the Republic of Kenya and proceeded to determine the course of that maritime boundary. The Court also rejected the claim made by the Federal Republic of Somalia concerning the allegation that the Republic of Kenya, by its conduct in the disputed area, had violated its international obligations. The judgment may be found here.
The academic journal Marine Policy launched a Special Issue Call for Papers entitled ‘MSP in Europe: Impacts of the EU MSP Directive’. The focus is on the practical experiences of Member States in implementing the Directive and also on the wider transnational and policy context that is shaping MSP in Europe and the intentions of the MSP Directive itself. Deadline for submission of papers is 15 December 2021. More information is available here.
The Supreme Court of New Zealand (SCNZ) decided (30 September 2021) to uphold previous High Court and Court of Appeal decisions quashing consents granted by the Decision Making Committee (DMC) of New Zealand’s Environmental Protection Agency that would have allowed mining company Trans-Tasman Resources Limited (TTR) to extract up to 50 million tonnes per annum from the South Taranaki Bight seabed (Case number  NZSC 127).
Among other issues of domestic law, SCNZ found that in considering the effect of the Treaty of Waitangi to the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, the DMC should have taken into account the effects of the proposed activity on existing interests adding that tikanga-based customary rights and interests constitute “existing interests” (…) including kaitiakitanga and rights claimed, but not yet granted, under the Marine and Coastal Area (Takutai Moana) Act 2011. The court considered that the proposed activity in terms of tikanga may indicate that material harm extends beyond the physical effects of a discharge, or that pollution can be spiritual as well as physical.
A press release with further details on the case Trans-Tasman Resources Ltd v Taranaki-Whanganui Conservation Board is available here.
The International Union for Conservation of Nature (IUCN) passed a motion on 7 September 2021 calling for a moratorium on deep seabed mining and a halt to the International Seabed Authority’s (ISA) issuing of new contracts for mining and for exploration of mining sites until certain conditions are met. Those conditions include conducting rigorous and transparent scientific research and impact assessments to comprehensively understand the environmental, social, cultural, and economic damage that mining could cause, and ensuring the effective protection of the marine environment. More information is available in the IUCN Motion 069.
The 15th Nordic Environmental Social Science Conference (NESS) shall be hosted on 7-9 June 2022 at the School of Global Studies, Gothenburg, Sweden. The theme of this year’s edition is emergency and transformation. Two deadlines are open: submitting workshops by 1 October, 2021 and submitting abstracts for workshop papers by 15 December, 2021. One of the panels is specifically devoted to ocean governance, and many others allow for marine/maritime themes as well. More information is available here.
The 2021 revision of the Maritime Traffic Safety Law of the People’s Republic of China (Order No. 79 of the President of the People’s Republic of China) entered into force on 1 September 2021. This Order was issued on 29 April 2021, and it introduces new reporting requirements on foreign vessels entering China’s territorial seas. The reporting requirements apply to the following vessels:
- nuclear powered vessels;
- ships carrying radioactive materials;
- ships carrying bulk oil, chemicals, liquefied gas and other toxic and harmful substances;
- other vessels that may endanger the maritime traffic safety.
The governments of Antigua and Barbuda and of the United Kingdom (UK) have signed on 27 July 2021 an agreement defining Antigua and Barbuda’s maritime jurisdiction. The agreement sets out the boundary between Antigua and Barbuda and Anguilla, a British Overseas Territory. The waters of Antigua and Barbuda border those of Anguilla (UK) to the northwest, Saint Barthélemy (France) to the northwest, the Federation of Saint Kitts and Nevis to the west, Montserrat (United Kingdom) to the southwest, and Guadeloupe (France) to the southeast. With this new treaty, the Antigua and Barbuda has delimited three of its five maritime boundaries. Only the boundaries with St Kitts and Nevis and Monserrat remain to be negotiated. More information is available at the Commonwealth homepage (here) and at the social media webpage of HM Governor’s Office in Anguilla (here).
The Faculty of Social Sciences (Department of Political Science) of the University of Vienna (Austria) is opening a position for a Post-Doctoral Researcher. The successful candidate will work in an interdisciplinary research team within the ERC project “The Politics of Marine Biodiversity Data: Global and National Policies and Practices of Monitoring the Oceans (MARIPOLDATA)” . Deadline for application is 31 October 2021. More information is available here.
The call for applications for the 2022 United Nations Nippon Foundation Fellowship is now open. The deadline for applications to be received by DOALOS (Division for Ocean Affairs and the Law of the Sea) is 24 September 2021.
The objective of the fellowship is to provide funded opportunities for advanced training in the field of ocean affairs and the law of the sea, or related disciplines including marine science in support of management frameworks, to mid-level Government officials and other mid-level professionals from developing States so that they may obtain the necessary skills to assist their countries in the implementation of the legal framework set out in the United Nations Convention on the Law of the Sea, and related instruments, as well as to formulate comprehensive ocean management regimes, including within the context of the 2030 Agenda for Sustainable Development
Treaties: Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean enters into force
On 25 June 2021, the Agreement to prevent Unregulated High Seas Fisheries in the Central Arctic Ocean enters into force. This is the first multilateral agreement of its kind to take a legally binding, precautionary approach to protect an area from commercial fishing before such fishing has begun. There are currently no commercial fisheries in the Arctic high seas, with most of the region covered by ice year-round. However, with an ever-increasing ice-free area in the summer, commercial fishing may be possible in the foreseeable future. The Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean aims to manage potential fishing in the high seas of this region. More information on this treaty is available here (EU) and here (USA); the text of the treaty may be found here. Previous De Maribus reporting is here.
The Centre de Recherche sur les Relations entre les Risques et le Droit of the University of Lille is hosting a webinar entitled Les nouveaux risques de l’aventure maritime (The new risks of the maritime adventure). The event focuses on the risks associated with cyber-security and environmental issues on insurance and on jurisdictional competences, in close relation with the history of maritime insurance. This event takes place on 1-2 July 2021; it shall be held in French, and one of the sessions shall be billingual; the programme and further informatin is available here.
The Jack D. Gordon Institute for Public Policy at Florida International University, in the United States of America, is hosting a two-day informational workshop on Illegal, Unreported and Unregulated (IUU) fishing. The event takes place online on 30 June – 1 July 2021. Global Fishing Watch and International Monitoring, Control, and Surveillance Network will speak about the most pressing issues in IUU fishing, tools that are being used to address these issues, and opportunities for collaboration in the maritime security environment. Registration is open here and further information available here.
Closing date is 1 August 2021 to apply for a doctoral fellowship at the Norwegian Centre for the Law of the Sea (NCLOS), Arctic University of Norway (Tromsø). NCLOS seeks candidates for one PhD position with projects proposals primarily within the theme Ocean space. Proposals, which aim at applying of law-in-context approaches such as legal geography, are encouraged. Project proposals on the other themes, sovereignty and ocean commons are also welcome. More information available here.
CJEU: Case C-786/19 (The North of England P & I Association Ltd v Bundeszentralamt für Steuern) judgement delivered
The Court of Justice of the European Union (CJEU) delivered judgment on Case C-786/19 (The North of England P & I Association Ltd v Bundeszentralamt für Steuern). This corresponds to a request for a preliminary ruling from the Finanzgericht Köln (Finance Court, Cologne, Germany).
The CJEU held that “where insurance contracts concern the provision of cover for various risks linked to the operation of sea-going vessels which are entered in the shipping register maintained by a Member State but which fly the flag of another Member State or of a third State under a temporary flagging-out authorisation, the State that must be considered to be the ‘Member State of registration’ of the ship concerned and therefore, to be ‘the Member State where the risk is situated’, within the meaning of those provisions, holding the exclusive power to tax premiums paid with respect to those insurance contracts, is the Member State which maintains the shipping register in which the primary purpose of entering that ship is to prove ownership of that ship”.