EU Maritime Law
The EU Competence in Maritime Transport
The Treaty on the Functioning of the European Union confers on the EU a shared competence in maritime transport under Articles 100(2) and 91 TFEU. While the common transport policy originally applied primarily to land transport, the extension to maritime transport has enabled the Union to adopt legislation on market access, safety, environmental protection, and the rights of passengers and seafarers. The EU’s Integrated Maritime Policy, established in 2007, aims to maximise the sustainable use of the oceans and seas by coordinating policies across sectors, including transport, fisheries, energy, environment, and maritime spatial planning.
The EU Maritime Safety Package
The EU’s maritime safety framework was developed through three Erika legislative packages adopted in 2000, 2002, and 2009, following the Erika (1999) and Prestige (2002) oil spills. The packages introduced comprehensive measures to improve the safety of maritime transport and prevent pollution. The Paris Memorandum of Understanding on Port State Control, of which all EU member states are signatories, complements EU legislation by coordinating inspections of foreign ships in member state ports.
Key Directives
The classification societies Directive 2009/15/EC sets requirements for organisations authorised to inspect and certify ships. The port state control Directive 2009/16/EC established a harmonised inspection regime targeting high-risk vessels. The flag state requirements Directive 2009/21/EC obliges member states to implement flag state obligations effectively. The vessel traffic monitoring Directive 2002/59/EC establishes a Community vessel traffic monitoring and information system. The ship-source pollution Directive 2005/35/EC, as amended, criminalises the discharge of polluting substances from ships and requires member states to impose effective, proportionate, and dissuasive penalties.
EU Maritime Transport Policy
The maritime cabotage Regulation 3577/92/EEC applies the principle of freedom to provide services to maritime transport within member states, allowing EU-flagged vessels to operate cabotage services in any member state. The Maritime Transport Strategy 2018–2028 sets out the EU’s vision for a competitive, decarbonised, and digitalised maritime transport sector. Liner shipping consortia benefit from block exemption regulations permitting cooperation agreements that improve efficiency, subject to market share thresholds.
Maritime Passenger Rights
Regulation 1177/2010/EU establishes the rights of passengers travelling by sea and inland waterway, including protection against discrimination, the right to information before and during the voyage, and rights in the event of cancellation or delay. The Regulation provides for compensation and re-routing where cancellation or delay exceeds specified thresholds and establishes accessibility obligations for persons with reduced mobility. Carriers are required to handle complaints and may be subject to enforcement by national bodies designated by each member state.
Environmental Regulation and Decarbonisation
The EU Emissions Trading System (ETS) was extended to maritime transport from 2024, requiring shipping companies to surrender allowances covering a proportion of their emissions from voyages within the European Economic Area and from voyages to and from EU ports. The FuelEU Maritime Regulation 2023/1805 introduces mandatory limits on the greenhouse gas intensity of energy used on board ships, promoting the use of renewable and low-carbon fuels. The Regulation sets progressively stricter targets from 2025 onwards, with penalties for non-compliance.
Environmental Liability
The EU participates in the International Oil Pollution Compensation (IOPC) Funds regime, having ratified the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. The EU has also adopted legislation on the civil liability for oil pollution damage and the criminal liability of shipowners for pollution offences. The Environmental Liability Directive 2004/35/EC establishes a framework for the prevention and remedying of environmental damage, including damage caused by maritime activities, based on the polluter-pays principle.