Shipping 2026

NETHERLANDS Law and Practice Contributed by: Rik van Waasbergen, Sander Metzelaar, Wiebe Wajer, Iris Stielstra and Daan Komen, HerikLegal

3. Marine Casualties and Owners’ Liability 3.1 International Conventions: Pollution and Wreck Removal The Netherlands is a party to the following interna - tional conventions on pollution. • The International Convention on Civil Liability for Oil Pollution Damage 1992 (the “CLC 1992”): Establishing strict liability of the registered owner of a tanker for pollution damage caused by persistent oil, subject to limitation of liability and compulsory insurance. • The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 (the “Fund Convention”): Providing additional compensation where the liability limits under the CLC 1992 are insufficient or where the ship-owner is financially incapable of meeting its obligations. • The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (the “Bunker Convention”): Imposing strict liability on ship-own - ers for pollution damage caused by bunker oil from seagoing vessels other than tankers – requires mandatory insurance or other financial security. • The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (the “HNS Convention”). Establishing a comprehensive liability and compen - sation regime for pollution and damage caused by hazardous and noxious substances. The convention has been ratified and implemented in Dutch national law but is not yet in force internationally. The Netherlands is also party to an international convention on wreck removal, namely, the Nairobi International Convention on the Removal of Wrecks 2007. This establishes a regime of strict liability for the registered owner in respect of the locating, mark - ing and removal of hazardous wrecks. The Conven - tion provides public authorities with the right to inter - vene where a wreck poses a hazard to navigation or the marine environment and introduces compulsory insurance, including a direct right of action against

the insurer. The Convention applies in the exclusive economic zone and also extends to Dutch territorial waters. The Convention applies both directly in the Dutch legal system as well as through its implementa - tion in the Wrecks Act ( Wrakkenwet ), 3.2 International Conventions: Collision and Salvage Maritime Incidents Liability in cases of vessel collision and allision is gov - erned by the following international conventions and related rules. • The Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels 1910 (the “Collision Convention”): (a) establishing fault-based liability for collisions between sea-going vessels, or between sea- going vessels and vessels of inland navigation; (b) provides rules for apportionment of liability where two or more vessels are at fault; and (c) implemented in Dutch law and applied by Dutch courts. • The International Regulations for Preventing Colli - sions at Sea 1972 (“COLREGs”): (a) setting out internationally binding navigational rules; and (b) used by courts to assess compliance with navigational duties and determine fault in colli - sion cases. Incidents on Inland Waterways Liability in incidents in inland waterways is governed by the following. • The Geneva Convention of 15 March 1960 relating to the Unification of Certain Rules concerning Col - lisions in Inland Navigation (the “Geneva Collision Convention”): (a) establishing fault-based liability for collisions between vessels of inland navigation; (b) provides rules for the apportionment of liability where two or more vessels are at fault; and (c) implemented in Dutch law and applied by Dutch courts. • The Strasbourg Convention on the Limitation of Liability in Inland Navigation of 4 November 1988, as amended by the Protocol of 27 September 2012

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