Izvorni znanstveni članak
EU Accedes to the 2002 Protocol to the 1974. Athens Convention – Application for EU Member States from 31st December 2012.
Marija Pospišil Miler
; Pravni fakultet, Sveučilište u Rijeci
Marija Pospišil
; North of England P&I, Hong Kong Branch
Sažetak
On 23 April 2009. the European Union (EU) has adopted Regulation EC 392(2009) incorporating provisions of the 2002. Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 and of the Reservation and IMO Guidelines, 2006. making them binding for all Member States. The date of application of the Regulation has been set as the date of the entry into force of the Protocol for the EU, but in any case no later than 31 December 2012., regardless of the entry into force of the Protocol by that time. Similarily to the 2002. Protocol, the Regulation EC 392(2009) requires compulsory insurance in respect of carrier’s liability for death of and personal injury to a passenger caused by shipping incidents, but the P&I Clubs have so far provided Blue Card only for compulsory insurance required by international and not by regional or national legislation.
In order to harmonize the date of application of the Regulation with the entry into force of the Protocol, on 12 December 2011 EU has acceded to the 2002. Protocol, although its accession does not count for the purpose of the entry into force in order to compel Member States to accede/ratify the Protocol so that it enters into force before the date of the application of the Regulation 392(2009).
The aim of this article is to analyse the provisions of the Regulation EC 392(2009) and of the EU Decisions of accession to the 2002. Protocol as well as issues in relation to compulsory insurance which may arise during the period between the date of application of the Regulation EC 392(2009) and the date of entry into force of the 2002 Protocol, and the ways to solve them.
Ključne riječi
liability of the carrier for the death of or personal injury to a passenger; compulsory insurance; direct action
Hrčak ID:
89773
URI
Datum izdavanja:
31.10.2012.
Posjeta: 2.246 *