Directive 2009/20/EC of the European Parliament
and of the Council
of 23 April 2009
on the insurance of shipowners for maritime
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 80(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social
Having regard to the opinion of the Committee of the
Acting in accordance with the procedure laid down in Article 251 of the
- One element of Community maritime transport policy is to improve the
quality of merchant shipping by making all economic operators act more
- Dissuasive measures have already been adopted under Directive
2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship
source pollution and on the introduction of penalties for
- On 9 October 2008, the Member States adopted a statement in which
they unanimously recognised the importance of the application of the 1996 Protocol
to the 1976 Convention on Limitation of Liability for Maritime Claims by all Member
- The obligation to have insurance should make it possible to
ensure better protection for victims. It should also help to eliminate substandard
ships and make it possible to reestablish competition between operators.
Furthermore, in Resolution A.898(21), the International Maritime Organisation
invited States to urge shipowners to be properly insured.
- Non compliance with the provisions of this Directive should be
rectified. Directive 2009/16/EC of the European Parliament and of the Council of 23
April 2009 on port State control
(recast)5 already provides for
the detention of ships in the case of absence of certificates which have to be
carried on board. However, it is appropriate to provide for the possibility of
expelling a ship which does not carry a certificate of insurance. The modalities of
the expulsion should allow the situation to be rectified within a reasonable time
- Since the objectives of this Directive, namely the introduction
and implementation of appropriate measures in the field of maritime transport
policy, cannot be sufficiently achieved by the Member States and can therefore, by
reason of its scale and effects, be better achieved at Community level, the
Community may adopt measures, in accordance with the principle of subsidiarity as
set out in Article 5 of the Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Directive does not go beyond what
is necessary in order to achieve those objectives,
HAVE ADOPTED THIS DIRECTIVE:
1OJ C 318, 23.12.2006, p.
2OJ C 229, 22.9.2006, p.
of the European Parliament of 29 March 2007 (OJ C 27 E, 31.1.2008, p. 166), Council
Common Position of 9 December 2008 (OJ C 330 E, 30.12.2008, p. 7) and Position of the
European Parliament of 11 March 2009 (not yet published in the Official
4OJ L 255, 30.9.2005, p.
5See page 57 of this Official Journal.