International Convention on Limitation of Liability for Maritime Claims, 1976, as
amended by the Protocol of 1996 (LLMC Convention). The Regulation also introduces the provision on advance payment that is not provided in the Athens Convention 2002. Article 6(1) of the Regulation states that an advance payment should
cover immediate economic needs proportionate to the damage suffered within
15 days of the identification of the person entitled to damages. In case of death,
such payment shall not be less than EUR 21,000. Notably, such an advanced
payment is not a recognition of liability by the carrier and may be offset against
any subsequent sums paid based on this Regulation.
The positive outcome of EU implementation was the application of the Athens
Convention even before it officially entered into force. It became the part of the
European legal order and the CJEU will have jurisdiction to interpret it. However,
certain difficulties remain that might create problems in the future. As opined by a
notable author, one of the difficulties with respect to implementation is that some
Member States may not denounce the Athens Convention the 1974. However, under
the principle of supremacy of EU Law, they will be bound comply with EU law and
thus apply the Athens Convention 2002.
27 In such scenario, those Member States
will be facing dubious obligations under international law and the EU law. It remains
to be seen how these conflicts will be overcome in the future.
3.2 EU Legislation on Passenger’s Rights
In addition to Regulation (EC) No 392/2009 dealing with liability issues, there are
other pieces of legislation concerning passengers’ rights within the EU which will be
briefly outlined. Apart from carriage by sea, several other regulations in the area of
passenger carriage were adopted recently. These regulations deal with carriage of
passengers by air, sea and inland waterway, rail and bus and coach transport. Some
of them were adopted by means of incorporation of international conventions, which
bind the EU and its Member States, and now bind even those EU Member States that
are not parties to those conventions. This corresponds with the EU’s objective to
create a so-called passenger code in order to provide a high level of protection and
assistance to passengers at the Union level.
Another relevant regulation related the sea passengers is Regulation (EC) No
1177/2010 Concerning the Rights of Passengers when Travelling by Sea and Inland
Waterway. Unlike Regulation (EC) No 392/2009 it mainly deals with delays and
cancellations. As stated in the Preamble a high level of protection for passengers
should be provided since the passenger is the weaker party to the contract and should
be granted a minimum level of protection. It is also mentioned there that the
Regulation covers passenger services not only between the ports located in the
Member States but also outside the Union. Regulation stresses the importance to
27 Soyer (2016).
A Critical Analysis of Carriage of Passengers by Sea: Uniformity. . .
71
amended by the Protocol of 1996 (LLMC Convention). The Regulation also introduces the provision on advance payment that is not provided in the Athens Convention 2002. Article 6(1) of the Regulation states that an advance payment should
cover immediate economic needs proportionate to the damage suffered within
15 days of the identification of the person entitled to damages. In case of death,
such payment shall not be less than EUR 21,000. Notably, such an advanced
payment is not a recognition of liability by the carrier and may be offset against
any subsequent sums paid based on this Regulation.
The positive outcome of EU implementation was the application of the Athens
Convention even before it officially entered into force. It became the part of the
European legal order and the CJEU will have jurisdiction to interpret it. However,
certain difficulties remain that might create problems in the future. As opined by a
notable author, one of the difficulties with respect to implementation is that some
Member States may not denounce the Athens Convention the 1974. However, under
the principle of supremacy of EU Law, they will be bound comply with EU law and
thus apply the Athens Convention 2002.
27 In such scenario, those Member States
will be facing dubious obligations under international law and the EU law. It remains
to be seen how these conflicts will be overcome in the future.
3.2 EU Legislation on Passenger’s Rights
In addition to Regulation (EC) No 392/2009 dealing with liability issues, there are
other pieces of legislation concerning passengers’ rights within the EU which will be
briefly outlined. Apart from carriage by sea, several other regulations in the area of
passenger carriage were adopted recently. These regulations deal with carriage of
passengers by air, sea and inland waterway, rail and bus and coach transport. Some
of them were adopted by means of incorporation of international conventions, which
bind the EU and its Member States, and now bind even those EU Member States that
are not parties to those conventions. This corresponds with the EU’s objective to
create a so-called passenger code in order to provide a high level of protection and
assistance to passengers at the Union level.
Another relevant regulation related the sea passengers is Regulation (EC) No
1177/2010 Concerning the Rights of Passengers when Travelling by Sea and Inland
Waterway. Unlike Regulation (EC) No 392/2009 it mainly deals with delays and
cancellations. As stated in the Preamble a high level of protection for passengers
should be provided since the passenger is the weaker party to the contract and should
be granted a minimum level of protection. It is also mentioned there that the
Regulation covers passenger services not only between the ports located in the
Member States but also outside the Union. Regulation stresses the importance to
27 Soyer (2016).
A Critical Analysis of Carriage of Passengers by Sea: Uniformity. . .
71