El Derecho comunitario del seguro obligatorio de responsabilidad civil por muerte o lesiones del pasajero maritimo

A compulsory insurance or other financial security is required by the regulation (EC) n. 392/2009 to cover the responsibility of the carrier who actually perform s the whole or a part of the carriage under the 2002 Athens Convention and the 2006 IMO Guidelines, in respect of the death or the injury to passengers. Compulsory insurance applies since 2012 to any international carriage and to carriage by sea within a single Member State on board ships of Clases A and B. However, to give time to small shipping companies operating national transport services, each single State could defer application of this Regulation until 31 Decembre 2016 to ships of class A and until 31 December 2018 to ships of
class B, as Italy and other countries did. It is not enough to be insured, it is necessary to carry on board a certificate of the State of registry of the vessel attesting that insurance is in force. This certificate is a condition to operate within the European Union in the carriage of passengers by sea to which is applicable the reg. (EC) n. 392/2009. Any claim for compensation covered by insurance pursuant to this compulsory insurance may be brought directly against the compulsory insurer.