What is the procedure and cost for filing a Sea Protest (Note of Protest) in Poland?

Maritime accidents and incidents are an unfortunate reality of seafaring life. A sea protest, known in Polish as „protest morski,” is a formal declaration made by a ship’s master describing accidents or incidents that could result in damage to the vessel or cargo or create potential liabilities. This legal document serves as a preliminary defense against possible claims and provides an official record of events from the captain’s perspective.

Common situations requiring a sea protest include:

• Collision with other vessels or fixed objects
• Cargo damage due to heavy weather
• Equipment failure affecting cargo or vessel safety
• Personal injury incidents
• Environmental incidents
• Grounding or stranding events
• Weather-related damages
• Situations involving general average

 Legal Framework in Poland

Under Polish Maritime Code (Kodeks Morski), sea protests must be filed with appropriate authorities within 24 hours of a vessel’s arrival at the first port after the incident, or within 24 hours of the incident itself if it occurs while in port. This requirement aligns with international maritime practices while incorporating specific Polish legal requirements.

Filing Process in Polish Ports

 Step 1: Documentation Preparation

Before filing, gather essential documents:

• Ship’s logbook entries relevant to the incident
• Engine room logs
• Weather reports and forecasts
• Crew statements
• Photographs or video evidence
• Navigation records
• Damage reports
• Any other pertinent documentation

 Step 2: Official filing:

The sea protest must be filed by a foreign (non-Polish) flag vessel with one of these authorities:

• Maritime Chamber (Izba Morska)
• Harbor Master’s Office
• Notary Public

The Master must file the sea protest in the presence of at least two crew members, who serve as witnesses. The witnesses must know the circumstances leading to filing the sea protest.

The cost of filing the protest with the Maritime Chamber is the PLN equivalent of 250 SDR (The SDR Special Drawing Rights – XDR is not a currency, but its value is based on a basket of five currencies—the US dollar, the euro, the Chinese renminbi, the Japanese yen, and the British pound sterling.

Language Requirements:

 While Polish is the official language for administrative purposes, sea protests can be filed in English. However, a Polish translation may be required for legal proceedings. Usually, translation prepared by the agent is sufficient.

Legal Implications and Benefits

Filing a sea protest in Poland offers several advantages:

1. Legal Protection: Creates an official record that can serve as evidence in future legal proceedings
2. Insurance Claims: Facilitates smoother processing of insurance claims by providing immediate documentation
3. Evidence Preservation: Captures crucial details while events are fresh in memory
4. Liability Protection: Helps establish due diligence and proper seamanship in handling incidents

Given the 24-hour filing requirement, time management is crucial. Solutions include:

• Preparing draft documentation while at sea
• Engaging local agents early