Amended proposal for a Regulation of the European Parliament and of the Council on the liability of carriers of passengers by sea and inland waterway in the event of accidents (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2007-10-22
Institutions: European Commission
Subjects: carriage of passengers, carrier, harmonisation of standards, inland waterway shipping, liability, maritime transport, transport accident

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.10.2007 
COM(2007) 645 final 

2005/0241 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the liability of carriers of passengers by sea and inland waterway in the event of 
accidents  

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty) 

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2005/0241 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the liability of carriers of passengers by sea and inland waterway in the event of 
accidents  

1. 

Stage of procedures 

(Text with EEA relevance) 

The  proposal  –  COM(2005)  592  –  2005/0241  (COD)  –  was  adopted  by  the 
Commission on 23 November 2005 and was sent to the European Parliament and to 
the Council on 13 February 2006. 

The  European  Economic  and  Social  Committee  adopted  its  opinion  on  the 
Commission's proposal on 13 September 2006. 

The Committee of the Regions adopted its opinion on the Commission's proposal on 
15 June 2006. 

The European Parliament adopted 27 amendments at first reading on 25 April 2007. 

2. 

OBJECTIVE OF THE PROPOSAL 

The objective is to give all passengers travelling by ship, whatever their journey, and 
their carriers a harmonised legal framework setting out their rights and obligations. 
The ambition level of harmonisation should be high enough to ensure a fairer system 
for compensating for damages and to improve accident prevention.  

The proposal aims to incorporate into Community law the 2002 Protocol to the 1974 
Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 
adopted  under  the  auspices  of  the  International  Maritime  Organization  ("the  2002 
Athens Convention"). The 2002 Athens Convention is a modern text clearly setting 
out the rights and obligations of passengers and carriers. It provides for a system of 
liability  where  the  carrier  is  not  at  fault  to  cover  damages  caused  in  the  event  of 
shipping  accidents,  lays  down  sufficiently  high  maximum  compensation  amounts, 
requires  all  carriers  to  take  out  an  insurance  policy  and  allows  the  complainant  to 
contact the insurer directly in order to obtain compensation.  

In parallel with this initiative, the Member States and the Community are preparing 
to become contracting parties to the 2002 Athens Convention1.  

1 

Proposal for a Council Decision concerning the conclusion by the European Community of the Protocol 
of 2002 to the 1974 Athens Convention Relating to the Carriage of Passengers and their Luggage by 
Sea, COM(2003) 375, 24.6.2003. In the process of adoption. 

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When incorporating the Convention into Community law, a number of adjustments 
should be made. 

–  The  Athens  Convention  is  limited  to  international  maritime  transport.  The 
Commission proposes extending the scope to cabotage (maritime transport within 
a single Member State) and to inland waterway transport. 

–  With  a  view  to  harmonising  to  the  benefit  both  of  passengers  and  of  carriers, 
deletion  of  a  clause  from  the  Convention  whereby  a  Member  State  may 
individually  adopt  compensation  ceilings  higher  than  those  laid  down  in  the 
Convention. 

–  Addition of a measure to increase the compensation given for damages caused to 

equipment for the disabled. 

–  Addition of an obligation to pay advances. 

–  Addition of an obligation to inform passengers about their rights. 

3. 

OBJECTIVE OF THE AMENDED PROPOSAL 

The  amended  proposal  adapts  the  original  proposal  on  a  number  of  points  as 
suggested by the European Parliament. 

4. 

OBSERVATIONS ON THE AMENDMENTS ADOPTED BY THE EUROPEAN PARLIAMENT 

4.1 

Amendments accepted by the Commission 

The Commission can accept amendments 2, 3, 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15.  

4.2 

Amendments accepted by the Commission in part or subject to rewording 

Amendment 1 can be accepted in part. The last sentence of this amendment suggests 
that setting up a system of compulsory insurance must not affect insurers in any way. 
The  Commission  feels  that  this  sentence  should  be  removed  as  it  does  not  reflect 
reality. Setting up a compulsory insurance system will inevitably affect the insurance 
market. 

4.3. 

Amendments not accepted by the Commission 

Amendments 4, 9 and 16 to 27 cannot be accepted by the Commission.  

5. 

AMENDED PROPOSAL 

Having  regard  to  Article  250(2)  of  the  EC  Treaty,  the  Commission  modifies  its 
proposal as indicated above. 

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