Liability

In 2008 the European Council drastically amended the European guideline proposal concerning legal liability and financial guarantees pertaining to shipowners. The amendments were in accordance with comments made by shipowners.
In the original proposal, ships registered in countries that were not party to the 1996 Liability and Compensation Convention (limiting shipowners’ liability) would be subject to a higher limit of liability as well as financial guarantees amounting to double the limits of liability set down in the 1996 Liability convention. In addition, a system of government certificates, registration of said certificates on entering member states’ Economic Areas and the inclusion of the option for direct legal action against insurers, was to be introduced.
In the new guideline proposal, all references to civil liability have been deleted. The proposal is limited to shipowners’ obligation to possess financial guarantees to cover maritime legal claims. The guideline is now being referred to as an 'Insurance Directive'. European member states will be required to fully implement the guideline into their national legislation before 1 January 2012.
In consultation with the KVNR, in 2008 the Ministry of Transport, Public Works and Water Management started the process of obtaining parliamentary approval of implementation legislation for any liability regulations that have already been achieved internationally by IMO.
Consequently the Netherlands too, will be able to ratify said regulations regarding the Convention on Limitation of Liability for Maritime Claims and the Bunker Convention.