i-law

Lloyd's Maritime and Commercial Law Quarterly

European Union Maritime Law

Simon Baughen *

LEGISLATION

174. Regulation 906/2009 of the European Parliament and the Council on the application of Article 81(3) of the EC Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) [2009] OJ L256/31.

This new Regulation revises the current Block Exemption Regulation 823/2000, which expires in April 2010. It extends the current exemption for liner consortia for five more years, until 25 April 2015, and makes the following changes from Regulation 823/2000:
(i) a reduction of the market share threshold from 35% to 30%, above which companies do not qualify for automatic exemption under the Regulation;
(ii) a clarification of the method of calculation of the market share threshold;
(iii) an extension of the scope of the exemption to all cargo liner shipping services, whether containerised or not; and
(iv) a prolongation of the exit clauses and lock-in periods, in case a member wants to withdraw from the consortium.
The following Regulations and Directives have been adopted under the Third EU Maritime Safety Package, adopted by the European Parliament on 11 March 2009.

175. Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents [2009] OJ L131/24.

The new scheme supplements the Athens Convention on the carriage of passengers and their luggage by sea (“the Athens Convention”), which is part of EU law, in the following respects.
(i) For damages arising from shipping accidents (sinking, collision, shipwreck), victims or their dependents would receive an advance payment, followed by automatic compensation, without being required to prove fault of the carrier.
(ii) For damage arising from accidental injury (eg, a passenger falling on the deck), victims would have to prove that the carrier was at fault.


EUROPEAN UNION MARITIME LAW

123

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.