Erika (law)

The Erika legislative packages of the European Union are maritime laws intended to improve safety in the shipping industry and thereby reduce environmental damage to the oceans.

That accident, the largest environmental disaster in Spain's history, was caused in part because Spanish authorities denied the distressed vessel entry to a safe harbour.

[3] European Council officials claim that the Prestige disaster would not have been possible if the first two Erika packages had been fully implemented and enforced at the time.

In March 2000, the European Commission presented three proposals for "immediate actions" to modify the standards in force relating to tankers and ships transporting dangerous or polluting material.

[1] The second proposal, related to Directive 2001/105/EC, more strictly monitors the classification societies that inspect ship quality on behalf of EU member states.

As of 25 July 2003, only Denmark, France, Germany, Spain, and the United Kingdom had done so, leading the European Commission to initiate legal proceedings against 10 other member states that had failed to do so.

These measures were intended to bring lasting improvements in the protection of European waters against accidents at sea and marine pollution.

Exceptions are made for warships; fishing vessels, traditional ships, and recreational craft less than 45 metres (148 ft) in length, and bunkers below 5,000 tons.

Dangerous or polluting goods on board a ship must be declared by the shipper to the master or operator of the vessel, who must then in turn provide the information to the authorities.

[10] This regulation also provides financial penalties for those found guilty of grossly negligent behaviour in the transport of oil by sea.

[11] The agency was created "to ensure a high, uniform and effective level of maritime safety and prevention of pollution by ships in the Community.

[15] Directive 2009/21/EC requires that the flags of all EU countries have good standing, and not be on the black or grey list established by the Paris Memorandum of Understanding on Port State Control.

[3] The directive also establishes a blacklist of companies operating substandard ships, published under the Paris Memorandum of Understanding on Port State Control.

[20] A modern and uniform set of rules for compensating passengers who are the victim of an accident at sea was established by Regulation (EC) No 392/2009.

In the case of sinking, collision, or shipwreck, victims no longer have to prove the carrier was at fault, and may receive up to €464,000 in damages as set by a judge.

[3] Before Directive 2009/20/EC was enacted, there was no legal requirement for European shipowners to carry insurance against damage to third parties caused by their ships.

[22] The trade association BIMCO called this provision "virtually toothless", noting that it generally reflects the current insurance regime.