NEW AMENDMENTS TO THE CROATIAN
MARITIME CODE
Koper, 30 May 2013
Jasenko Marin
University of Zagreb
Faculty of Law
THE CROATIAN MARITIME CODE (CMC)
• Official Gazette (181/04, 76/07, 146/2008, 61/2011, 56/2013)
• 2013 Amendments (AACMC) entered into force on 18 May
2013

144 Articles

Main amendments are related to:
a) Alignment with the Acquis communautaire (maritime
cabotage, safety of navigation, rights of passengers, protection
of marine environment etc.)
b) Recovery and removal of wrecks and other sunken
objects
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ALIGNMENT WITH RELEVANT SOURCES OF EU LAW
1.
2.
3.
4.
5.
6.
Council Regulation (EEC) No 3577/92 of December 1992, applying the
principle of freedom to provide services to maritime transport within
Member States (Maritime Cabotage Regulation)
Regulation (EC) No 392/2009 of the European Parliament and of the Council
of 23 April 2009 on the liability of carriers of passengers by sea in the event
of accidents (Athens Regulation)
Regulation (EU) No 1177/2010 of the European Parliament and of the
Council of 24 November 2010 concerning the rights of passengers when
travelling by sea and inland waterway and amending Regulation (EC) No
2006/2004 (Passenger Rights Regulation)
Directive 2009/20/EC of the European Parliament and of the Council of 23
April 2009 on the insurance of shipowners for maritime claims (Insurance
Directive)
Directive 2000/59/EC of the European Parliament and of the Council of 27
November 2000 on port reception facilities for ship-generated waste and
cargo residues
Council Directive 2009/13/EC of 16 February 2009 implementing the
Agreement concluded by the European Community Shipowners’
Associations (ECSA) and the European Transport Workers’ Federation (ETF)
on the Maritime Labour Convention, 2006, and amending Directive
1999/63/EC
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1. MARITIME CABOTAGE
 AACMC 2013,Article 5, amending Article 9 of the CMC
 Freedom to provide cabotage services within Croatia for all EU
shipowners
 Enters into force in accordance with the transitional periods provided by
the Accession Treaty:
• Public service contracts on cabotage concluded before the date of
Croatia's accession may continue to be applied until 31 December 2016
• Until 31 December 2014,cruise services carried out between Croatian
ports by ships smaller than 650 gross tones shall be reserved to ships
registered in, and flying the flag of, Croatia, which are operated by
shipping companies, established in accordance with Croatian law, and
whose principal place of business is situated, and effective control
exercised, in Croatia.
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2. REGULATION (EC) 392/2009
(ATHENS REGULATION)
 AACMC (Article 75) amending Article 612 of the CMC
• Incorporation of the Regulation 392/2009 (introducing 2002
Athens Convention and IMO Guidelines in EU law)
 IMO Guidelines are mandatory
 Advance payment in minimum amount of 21 000 €
• Application in respect of each international carriage and some
specific domestic carriages (class A and class B vessels as
defined in Directive 98/18/EC):
a) if the ship is flying the flag of or is registered in a Member
State
b) if the contract of carriage has been made in a Member State,
or
c) if the place of departure or destination, according to the
contract of carriage, is in a Member State
 Other carriage: application of CMC (1990 Athens Protocol)
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2. REGULATION (EC) 392/2009
(ATHENS REGULATION) cont.
BASES OF CARRIER LIABILITY FOR THE PASSENGER
 Shipwreck, collision, stranding, explosion, fire,
capsizing or defect of the ship → two tier system:
1. Limited strict liability up to 250,000 SDR (app.
260,000 €) per passenger on any distinct occasion
2. Presumed fault up to 400,000 SDR (app. 416,000
€) per passenger on any distinct occasion
 Other cause of death or personal injury: the
claimant must prove the fault of the carrier
(proven fault liability up to 400,000 SDR)
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2. REGULATION (EC) 392/2009
(ATHENS REGULATION) cont.
Compulsory insurance of liability up to
250,000 SDR
Actio directa – claimant is entitled to obtain
compensation directly by insurer
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2. REGULATION (EC) 392/2009
(ATHENS REGULATION) cont.
IMO RESERVATION AND GUIDELINES
 Limits of liability for the death of or personal
injury to a passenger caused by war risks
(terrorism included)
1. 250,000 SDR per passenger on each distinct
occasion; or
2. 340 million SDR per ship on each distinct
occasion
whichever amount is lower
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EU ACCESSION TO THE 2002 ATHENS PROTOCOL
ACCESSION OF THE REPUBLIC OF CROATIA
 Council decisions from 12 December 2011
• (2012/22/EU) – Accession generally
• (2012/23/EU) – Decision in respect to the provisions on
jurisdiction, recognition and enforcement (Articles 10 and
11)
 Croatia: Official Gazette – International Agreements No.
2/2013 of 8 March 2013
 2002 Protocol shall enter into force internationally on
23 April 2014
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3. REGULATION (EU) 1177/2010 – PASSENGER
RIGHTS REGULATION
(application from 18.12.2012)
 Relevant cancellation or a delay in departure - 90 min
- information, meal, refreshment, accommodation (max
80 €/ night, max 3 nights) +
- passenger’s right to choose between:
a) re-routing to the final destination, under comparable
conditions, as set out in the transport contract, at the
earliest opportunity and at no additional cost; or
b) reimbursement of the ticket price and a return service
free of charge to the first point of departure, at the
earliest opportunity.
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3. PASSENGER RIGHTS REGULATION cont.
 In the event of delay in arrival at the final destination –
compensation (25% up to 50% of the ticket price)
 Exceptions: weather and extraordinary conditions;
passenger is informed about delay before the purchase of
the ticket; delay caused by the passenger
Scheduled journey (according Relevant delay in arrival
to the contract or timetable)
4 hours
1 hour or more
 4  8 hours
2 hours or more
 8 hours  24 hours
3 hours or more
 24 hours
6 hours or more
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3. PASSENGER RIGHTS REGULATION cont.
OTHER COMMON SOLUTIONS
 Rights of disabled passengers and passengers with
reduced mobility
 Information
 Procedure – Carriers and National enforcement
bodies
 Croatia: Agency for the Coastal Maritime Traffic
Lines
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3. PASSENGER RIGHTS REGULATION
 2004 CMC, Article 606
In the case of voyages limited to the internal waters of the Republic of
Croatia, a passenger may cancel the contract if the ship does not
commence the voyage within one hour after the time stated in the
contract or in the ship’s timetable, or within 12 hours in the case of
voyages beyond the said limits + the reimbursement of the ticket price.
If the delayed departure is caused by the act of the carrier or persons in
his service, committed with the intent or gross negligence, the carrier
shall be bound to compensate the passenger for damages.
 2004, CMC Article 610 (Interruption of the voyage after the departure)
trigger interruption: 12 hours /3 days) !?
 Maritime Code: no provisions on “classical” delay in arrival (Law on
Obligations shall be applied);
NOT IN LINE WITH EU PASSENGER RIGHTS REGULATION – CMC amended
by the AACMC (Article 73) – Regulation shall be applied
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4. INSURANCE DIRECTIVE
 Implementation into Croatian law:
• AACMC, Article 82: introducing new Articles 747a-747d of the CMC
• Owners of seagoing ships entering a Croatian port, of 300 gross
tonnage and above, are required to maintain insurance or other
financial security to cover the vast majority of third party
maritime claims of the type described as subject to limits of
liability by the LLMC 1996.
• The existence of this type of insurance shall be proved by one or
more certificates issued by its provider and carried on board the
ship
 THERE IS NO DIRECT ACTION (ACTIO DIRECTA) AGAINST INSURER
FOUNDED ON THIS TYPE OF MANDATORY INSURANCE
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MANDATORY INSURANCE UNDER THE CMC
(AACMC , Article 24; amending Article 62 of the CMC)
 Applicable to:
• any ship entering a Croatian port or off-shore object in Croatian territorial
sea and/or
• registered in any Croatian register of ships)
1. The owner of a ship carrying more than 2,000 tons of oil in bulk as cargo
shall be required to maintain insurance or other financial security to
cover liability under Article 820 of the CMC (CLC Insurance)
2. The registered owner of a ship having a gross tonnage greater than 1000
shall be required to maintain insurance or other financial security to
cover liability under Articles 823a-823f of the CMC (Bunker Oil Pollution
Insurance)
3. Any carrier who actually performs the whole or a part of the carriage
shall maintain insurance or other financial security in line with
Regulation 392/2009 and Article 615a of the CMC (Athens Regulation
Insurance)
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MANDATORY INSURANCE UNDER THE CMC
(AACMC , Article 24; amending Article 62 of the CMC,
cont.)
4.
5.
The registered owner of a ship of 300 gross tonnage and above
shall be required to maintain insurance or other financial
security, to cover the costs of locating, marking and removing
the wreck as provided by Articles 840a-840z of the CMC
(introduced by the AACMC, Article 109; Wreck removal
insurance)
LLMC Insurance Directive
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THANK YOU!