Circular 13/09 (December 2009) Directive 2009/20/EC of the European Parliament and of the Council of 23rd April 2009 on the Insurance of Shipowners for Maritime Claims
EU states will bring the provisions of the Insurance Directive into law by 1st January 2012 at the latest. The Insurance Directive requires all ships greater than 300 gt to evidence insurance for maritime claims subject to LLMC 96 . Imminent changes to certificates of entry to comply with the Insurance Directive include incorporation of the registered shipowner's name and principal place of business
The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules) was adopted in December 2008 by the UN General Assembly. It will significantly increase the liability of shipowners and maritime carriers in respect of the carriage of cargo.
This circular explains the impact of the 3rd EU Maritime Safety Package on Members whose ships enter EU waters, including: A requirement to carry P&I certificates on board which may be enforced by Port State Control. The extension of the 2002 Protocol to the Athens Convention to domestic sea-going and inland waterways voyages. The establishment of an independent authority in individual EU states to respond to ships in distress with powers to board ships and direct them to designated places of refuge.
Over 20 States in the EU have now brought the European Directive on Environmental Liability (ELD) into law. Under the ELD shipowners are strictly liable for the costs of preventative and remedial actions for the environmental damage arising from the transport of dangerous or 'polluting' goods, if such costs are outside the scope of application of a relevant liabilty convention. Differing liability and compensation regimes of the ELD and relevant international conventions are explained. The three levels of remediation required under the ELD are also explained.