JUNE 11, 2009 CIRCULAR NO. 16/09 TO MEMBERS OF THE ASSOCIATION Dear Member: THIRD EUROPEAN UNION (EU) MARITIME SAFETY PACKAGE: “ERIKA III” The legislative dossiers that constitute the Third EU Maritime Safety Package (known more commonly as “Erika III”) were published in the Official Journal of the European Union on May 28, 2009. They will enter into force on the twentieth day thereafter, that is to say on June 17, 2009, although they will not have effect in EU Member States until they have either been implemented into the domestic law of those States (where the legislation has been agreed in the form of a Directive), or their agreed application date has passed (where the legislation has been agreed in the form of a Regulation). The agreement reached on the Third Maritime Safety Package (“the Package”) by the European Council and the European Parliament has drawn to a close over three years of intensive negotiations in Brussels on eight Regulations and Directives 1 that collectively make up the Package, following on from the adoption of two previous packages of maritime legislation in the wake of the ERIKA and PRESTIGE incidents. The International Group of P&I Clubs has closely monitored the development of the Package and, over the last three years, has provided significant input into the process and made direct representations throughout to key parties and individuals in the European Parliament, the European Council, Member States and the European Commission involved in the negotiations of the three Regulations and Directives in the Package of direct interest to the Group. These are: • Directive on the Insurance of Shipowners for Maritime Claims; • Regulation on the Liability of Carriers of Passengers and their Luggage by Sea; and • Amending Directive establishing a Community Vessel Traffic Monitoring and Information System. The official versions of each of the texts of the dossiers that constitute the Package can be accessed at: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:131:SOM:EN:HTML Directive on the insurance of shipowners for maritime claims (Insurance Directive) The Insurance Directive requires owners of vessels having a gross tonnage (GT) of 300 or greater to maintain insurance cover of the type provided by International Group clubs up to 1996 LLMC limits; that this cover be evidenced by a certificate or certificates of insurance when entering an EU port; and that this insurance cover maritime claims subject to limitation under LLMC. 1 Port State Control Directive, Directive on the insurance of shipowners for maritime claims, Regulation on the Liability of Carriers of Passengers and their Luggage by Sea, Amending Directive establishing a Community Vessel Traffic Monitoring and Information System, Directive on compliance with Flag State Requirements, Accident Investigation Directive, the Regulation on common rules and standards for ship inspection and survey organizations and the Directive on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations Initial discussions with a small number of Member States suggest that they will enforce the Directive through Port State Control by requiring vessels of 300 GT or more to maintain on board a standard P&I certificate of entry as evidence that the necessary insurance cover is in place under the Directive. In order to ensure that the Directive is implemented in a uniform manner across the EU, the Group is in