Postbus KE Rotterdam the Netherlands Tel.: +31 (0) internet:

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1 International Association for the representation of the mutual interests of the inland shipping and the insurance and for keeping the register of inland vessels in Europe Postbus KE Rotterdam the Netherlands Tel.: +31 (0) internet:

2 LEGAL SITUATION OF INLAND WATERWAY TRANSPORT IN THE PAN-EUROPEAN FIELD THERESIA HACKSTEINER SECRETARY GENERAL IVR

3 INTERNATIONAL CONVENTIONS Straatsburg Convention on limitation of liability for inland navigation vessels (CLNI) Budapest Convention on the contract for the carriage of goods by inland waterways (CMNI) Draft European Convention on liability for damage in connection with the carriage of hazardous and noxious substances by inland waterways (CRDNI)

4 CLNI Straatsburg Convention on limitation of liability for inland navigation vessels (CLNI) LIMITATION OF LIABILITY IN RESPECT OF CLAIMS GENERAL LIMITS ON THE CLAIM AMOUNTS FINAL CLAUSES

5 CLNI LIMITATION OF LIABILITY IN RESPECT OF CLAIMS Loss of life or personal injury Loss or damage to property Damage resulting from delay Claims resulting from salvage operations Claims for rendering harmless of the vessel and cargo

6 CLNI GENERAL LIMITS ON THE CLAIM AMOUNTS Claims for loss of life or personal injury passenger vessel : SDR 200 m 3 /t plus SDR 700/kw of the engine cargo vessel : SDR 200/t plus SDR 700 kw/engine push boat or tug : SDR 700 kw/engine push boat or tug connected at the time of the incident causing the loss or damage with barges : SDR 700 kw/engine plus SDR 100 per grt other floating installations: value at the time of the incident. Minimum liability amount SDR Claims for other loss or damage: 50 percent of the above mentioned amounts

7 CLNI FINAL CLAUSES Reliable basis for the owner to calculate his economic risks Adequate insurance at acceptable costs Reasonable compensation for the victim or owner of the damaged property

8 CMNI Budapest Convention on the contract for the carriage of goods by inland waterways (CMNI) GENERAL REMARKS SCOPE OF APPLICATION CONTRACT OF CARRIAGE AND RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES LIABILITY OF THE CARRIER

9 CMNI GENERAL REMARKS Signed in Budapest 22 June 2001 Entry into force 1st March 2005 Signed by Hungary, Romania, Switzerland, Luxemburg and Croatia CMNI follows the principles of CMR, Hague-Visby Rules and Hamburg Rules Balance between maritime and land law

10 CMNI SCOPE OF APPLICATION CMNI governs the contract of carriage of goods by inland waterways Application to cross border (international) transports Exclusion of cabotage

11 CMNI CONTRACT OF CARRIAGE AND RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES Exclusion of certain waterways Extension to national transports

12 CMNI LIABILITY OF THE CARRIER 2 SDR per kg of lost or damaged good or 666,67 SDR per package or unit lost SDR per container without goods and SDR for the goods in the container Indemnity for loss due to delay: value of the freight

13 CRDNI Draft European Convention on liability for damage in connection with the carriage of hazardous and noxious substances by inland waterways (CRDNI) GENERAL REMARKS BASIC PRINCIPLES AND SCOPE OF APPLICATION LIABILITY OF YHE OWNER AND LIMITATION OF LIABILITY COMPULSORY INSURANCE

14 CRDNI GENERAL REMARKS Draft Convention worked out by IVR and VBW representing the inland shipping industry Negotiations within the CCR, the DC and the UN/EC Liability for damage caused during the carriage of hazardous or noxious goods

15 CRDNI BASIC PRINCIPLES AND SCOPE OF APPLICATION Unification of liability for damage not provided for in the contract and caused by noxious or hazardous goods Strict liability ( according to maritime law) Exclusion of claims out of a contract for carriage of goods/passengers caused by noxious and hazardous goods

16 CRDNI LIABILITY OF THE OWNER AND LIMITATION OF LIABILITY Liability based on maritime and transport conventions Exclusion : act of war damage caused by third party loading and unloading Full liability : damage through personal act or omission of the owner with the intention to cause damage

17 CRDNI COMPULSORY INSURANCE Alternative A Request by national law for insurance or financial guarantee Alternative B Provisions by the convention on compulsary insurance

18 INLAND WATERWAY TRANSPORT CONCLUSIONS Harmonised regimes through conventions, EU law and bilateral agreements Unification of regimes by acces to : CMNI CLNI CRDNI

CRTD Convention ECE ITC wp.15 05-11 November Geneva Financial limits on Liability and Compensation. Submission on the limits of financial liability

ECONOMIC COMMISSION FOR EUROPE INF.24 INLAND TRANSPORT COMMITTEE Working Party on the Transport of Dangerous Goods (Seventy-first session, Geneva, 5-9 November 2001) CRTD Convention ECE ITC wp.15 05-11