THECHAMBEROFSHIPPINGANNUALREVIEW2011–2012
Passenger liability The EU Passenger Liability Regulation, which implements the IMO Athens Convention 2002 within the European Union, will take effect at the end of 2012. However, the IMO instrument will not have entered into force at that time. This has raised a number of practical and administrative considerations that have been the subject of discussion with the government and liability insurers throughout the year and will continue over coming months.
efficient internationally agreed arrangements for recompense when a ship-related oil pollution incident occurs. Any new regulatory powers must not extend or otherwise compromise shipowner liability arrangements.
Insurance for maritime claims As of 1 January 2012, an EU Directive has required all seagoing vessels of 300 GT and above calling at ports in the European Economic Area to carry certification confirming liability insurance up to the limit set by the IMO Convention on Limitation of Liability for Maritime Claims (LLMC) 1996. The majority of shipowners already maintain appropriate cover normally through P&I insurance. As a result, the directive largely codifies existing practices.
Wreck removal Royal Assent was given in July to the Wreck Removal Convention Act 2011 to give effect to the IMO Wreck Removal Convention 2007. The convention establishes an international regime for the removal of wrecks, with shipping companies required to maintain financial security to meet any costs incurred. The act will not come into effect until the
convention has achieved the requisite 10 contracting states to trigger the entry-into-force mechanism. At the time of writing, four states have accepted the IMO instrument.
Carriage of goods Cargo liability provisions are a fundamental element in the maritime transport chain. A new regime, set out in the Rotterdam Rules, reflects contemporary needs covering container carriage, advances in ship and cargo technology over the four decades since the 1968 Hague Visby Rules and growing use of electronic commerce. Preparatory work towards ratification is underway in several jurisdictions. The Chamber urges the government to acknowledge the benefits to UK interests and start the process towards acceptance of the instrument.
Documentary Input to the development of standard contracts and clauses continued in 2011 through the Chamber’s active involvement in BIMCO’s documentary work. Developments during the year included: l Revision of the widely used SALEFORM for the sale and purchase of second-hand vessels;
l A new contract for recycling of ships; l A contract setting out provisions for the management of laid-up vessels;
l A payment guarantee provision; and l A specialist clause covering the technical and legal issues of commercial slow steaming arrangements.
Competition A watching brief is maintained over developments and, despite abolition in Europe, conferences continue to thrive in many other jurisdictions. Commitment to the system was demonstrated during the year when immunity provisions in Japan were extended until 2015.
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