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