Naknada ekološke štete u slučaju onečišćenja mora s brodova – hrvatski pravni okvir

Abstract

The paper provides an overview of the Croatian legislative framework governing the matter of liability for marine oil pollution damage caused by ships. In particular, it address - es the issue of compensation for ecological damage, as a specific type of pollution damage to the marine environment. The motive for writing this article was the marine pollution caused following the accident of the ship Fidelity in the Gulf of Raša in July 2018. In the proceedings for the preservation of evidence initiated at the proposal of the County State At - torney’s Office in Pula, Rijeka Commercial Court ordered an expert report to ascertain and assess the environmental damage caused by the spillage of fuel oil. The authors highlight the diversity of approaches to the recognition and assessment of ecological damage at the international level, but also at the national level, i.e., in the Republic of Croatia. The authors present a brief overview of the solutions related to the assessment of environmental damage under general environmental regulations, but also under the special systems of internation - al liability for marine pollution by ships (CLC/Fund 92 and Bunker System) applicable in the Republic of Croatia. In this regard, the authors point out that the general environmental regulations, in determining ecological damage, in addition to compensation for the costs of primary remedial measures, also recognise compensation for losses incurred due to the fact