Noord
Nederlandsche
P&I Club

Update Volume 2019/15 CLNI 2012 into force

Veröffentlicht am 20 August 2019

As of the first of July 2019 the CLNI 2012 (formally: the “Strasbourg Convention of 2012 on the Limitation of Liability in Inland Navigation”) came into force in the Netherlands. The treaty’s predecessor, the CLNI 1988, was terminated on that same day. The goal of the CLNI was and is to enable shipowners, their crews and salvors to limit their liability for claims resulting from the same incident up to a predefined amount. The most predominant consequences which CLNI 2012 brings along are:

  • The geographical scope of application is extended from the Rhine and Moselle rivers to include other inland waterways as well, including the Danube, Elbe, Oder and Sava rivers;
  • The CLNI 2012 treaty includes, contrary to her predecessors, limitations of liability for damage resulting from the carriage of dangerous goods; and
  • The limitations of liability as defined in the CLNI 1988 are raised. The precise increase depends on the nature of the liability, of which we present an overview below. The limitation of liability figures therein are expressed in the “SDR” currency, for which the exchange rate at the time of writing is approximately 1 SDR to 1,23 Euros. 1.
Category Subcategory CLNI 1988 limitation of liabilit CLNI 2012 limitation of liability
General limitations of liability Vessels not intended for the carriage of cargo SDR 200 per m3 of displacement increased with SDR 700 per kW propulsion power SDR 400 per m3 displacement increased with SDR 1.400 per kW propulsion power
General limitations of liability Vessels intended for the carriage of cargo SDR 400 per tonne deadweight increased with SDR 700 per kW propulsion power SDR 400 per tonne deadweight increased with SDR 1.400 per kW propulsion power
General limitations of liability  Tugs and tows SDR 700 per kW propulsion power
 
SDR 1.400 per kW propulsion power
Limitations of liability for claims in respect of loss of life or personal injury Limitations of liability for claims in respect of loss of life or personal injury In accordance with the general limitations of liability, but in no case less than SDR 200.000 In accordance with the general limitations of liability, but in no case less than SDR 400.000
Limitations of liability for all other claims Limitations of liability for all other claims Half of the general limitation of liability, but in no case less than SDR 100.000 Half of the general limitation of liability, but in no case less than SDR 200.000
Limitations of liability for claims arising from the carriage of dangerous goods Claims for loss of life or personal injury No arrangements in the 1988 treaty Twice the general limitation of liability, but in no case less than 10 million SDR
Limitations of liability for claims arising from the carriage of dangerous goods All other claims No arrangements in the 1988 treaty Twice the general limitation of liability, but in no case less than 10 million SDR
Limitations of liability for claims arising for loss of life or personal injury to passengers If the number of passengers the vessel is authorized to carry is specified in her certificate An amount of SDR 60.000 multiplied by the number of passengers which the vessel is authorised to carry according to her certificate, but in no case less than SDR 720.000 An amount of SDR 100.000 multiplied by the number of passengers which the vessel is authorised to carry according to her certificate, but in no case less than 2 million SDR
Limitations of liability for claims arising for loss of life or personal injury to passengers If the number of passengers the vessel is authorized to carry is not specified in her certificate An amount of SDR 60.000 multiplied by the number of passengers actually carried by the vessel at the time of the occurrence, but in no case less than 720.000 SDR An amount of SDR 100.000 multiplied by the number of passengers actually carried by the vessel at the time of the occurrence, but in no case less than 2 million SDR

The applicable limitations of liability have been raised significantly under the CLNI 2012 regime and have been, in most categories, doubled. We recommend to our insured that they do not enter into contractual obligations which exceed or put aside these lawful limitations of liability. In the event our assistance is required, our team is available at or through telephone on 050 534 32 11.

1.For an explanation of the SDR currency and the most recent exchange rates the International Monetary Fund’s may be consulted at https://www.imf.org/external/np/fin/data/rms_five.aspx

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