Lloyd's Shipping & Trade Law

In terms of volume, 90% of the freight exchanges of Europe with the rest of the world are seaborne. Notwithstanding the above, the success of European shipping cannot be taken for granted. In order to combat the effect of 2008-2009 financial crisis as well as the risk of de- localisation of head offices and maritime industries outside Europe, there is a pertinent need to create a solid legislative framework to govern the EU maritime transport and EU ports. To this aim the Community has launched it maritime transport policy for 2009-2018 and legislative and other initiatives regarding ports governance, handling and policy.1

The first and second maritime safety packages (Erika I and Erika II)* were intended as strong statements that the EU would no longer tolerate sub-standard shipping. They were, in essence, reactions to issues already known, and glaringly highlighted following the Erika and the Prestige incidents. Indeed, the Prestige incident happened as the Erika I package was waiting to enter into force. The Erika I and Erika II packages, among other things, increased and improved port state control; set in motion the phasing out of single-hull tankers, and established the European Maritime Safety Agency.

Magdalena Raczynska, PhD student and part-time tutor, Norwich Law School, University of East Anglia *The author would like to thank Dr Duncan Sheehan and Dr Rob Heywood for their comments on an earlier draft of this case comment.