| Author (Corporate) | European Commission |
|---|---|
| Series Title | COM |
| Series Details | (2015) 305 final (22.6.15) |
| Publication Date | 22/06/2015 |
| Content Type | Policy-making |
|
Liability and compensation for damages arising from specific types of shipping activities is regulated at international level with a series of International Maritime Organisation ('IMO') conventions, which rely on the same main principles. These principles are: strict liability of the shipowner, mandatory insurance to cover damages to third parties, a right of direct recourse of persons suffering damages against the insurer, limitation of liability and, in the case of oil and Hazardous and Noxious Substances ('HNS'), a special compensation fund that pays for damages when these exceed the liability limits of the shipowner. The International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 ('1996 HNS Convention') is the last one of the IMO Conventions dealing with liability that is still awaiting ratification by States to enter into force. This is an important piece of the international maritime liability regime, in particular as the carriage of HNS by sea, including liquefied natural gas ('LNG') and liquefied petroleum gas ('LPG'), is a booming trade representing a significant share of the maritime transport sector. The Protocol of 2010 ('2010 Protocol') to the 1996 HNS Convention contained necessary amendments to address problems identified in the 1996 HNS Convention. The 2010 Protocol and the provisions of the Convention, as amended by the Protocol, are to be read, interpreted and applied together as one single instrument, as per Articles 2 and 18 of the Protocol. A consolidated text of the Protocol was produced by the IMO Secretariat and endorsed at IMO in 2011 at the 98th Meeting of its Legal Committee, and is referred to as the '2010 HNS Convention'. The 2010 HNS Convention, as a single, consolidated instrument for the Convention, will take effect once the 2010 Protocol enters into force. In accordance with the rules on the Union's external competence, the 2010 Protocol, and in the future the 2010 HNS Convention, comes under Union exclusive competence as it affects common rules of the Union and alters their scope. Conclusion of the 2010 Protocol to the Convention would affect the scope and the rules of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage. In addition, conclusion of the 2010 Protocol would affect the rules laid down in Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Regulation). The latter overlap between the Convention rules, as amended, and the rules laid down in the Union regarding judicial cooperation in civil and commercial matters also formed the legal basis for Council Decision 2002/971/EC authorising Member States, in the interest of the Community, to ratify or accede to the 1996 HNS Convention. However, the 2010 Protocol amended the 1996 HNS Convention, and the 2010 HNS Convention is the consolidated instrument stemming from this amendment. Hence, the effect of the 2010 HNS Convention on EU rules needs to be assessed in the light of the developments in the Union legal order since Council Decision 2002/971/EC was adopted. The Union's exclusive competence for the conclusion of the 2010 Protocol cannot be exercised by the Union itself as separate legal entity, in the absence of a REIO (Regional Economic Integration Organisation) clause in the text of the Convention or in the Protocol. This leaves the Member States subject to the obligation to conclude this international agreement on behalf of the Union. As the 2010 Protocol concerns matters of exclusive EU competence, Member States cannot decide autonomously on the signature and ratification of this Protocol. They can only do this, on behalf of the Union, after the authorisation of the Council and the consent of the European Parliament upon a proposal by the Commission. |
|
| Source Link | http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2015:305:FIN |
| Related Links |
|
| Subject Categories | Mobility and Transport, Politics and International Relations |
| Countries / Regions | Europe |
