New regulations are to ensure that shipping companies can pay compensation in case of passenger accidents. Starting from the New Year, a number of Danish passenger ships must not engage in trade without a certificate.
On 31 December 2012, new regulations will enter into force on insurance in relation to liability to pay compensation in case of accidents during the carriage of passengers. The new regulations follow from EU Regulation no. 392/2009 of 23 April 2009 (the Athens regulation) and from act no. 249 of 21 March 2012 amending, inter alia, the merchant shipping act.
The regulations are to ensure that shipping companies have the financial possibility of paying compensation in case a passenger is injured or dies in connection with a ship accident.
The provisions enter into force at the turn of the year. Subsequently, a number of Danish passenger ships must not engage in trade without holding a certificate from the Danish Maritime Authority. The certificate is proof that the ship is insured.
The Danish Maritime Authority urges shipping companies that have ships of the following categories to apply for a certificate as soon as possible:
Danish passenger ships of classes A, B, C and D engaged in international trade and Danish ships of classes A and B engaged in domestic trade.
The provisions stipulate that insurance must be taken out for Danish passenger ships of classes A, B, C and D engaged in international trade and for Danish ships of classes A and B engaged in domestic trade. The insurance is to cover the liability to pay compensation in case of passenger injuries following from the Athens regulation mentioned above. Insurance must also be taken out in relation to passenger injuries arising in connection with war and acts of terror.
These passenger ships must not engage in trade without having a certificate on board proving that insurance has been taken out. Certificates are issued following application to the Danish Maritime Authority on the basis of so-called “Blue Cards”
DMA, December 24, 2012