Shipping law in Poland: key aspects for entrepreneurs and carriers

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Last updated: 14.01.2025

Maritime law in practice

Maritime law, often referred to as admiralty law, is a specialized branch of law that governs legal relations arising from human activities at sea. It encompasses a wide range of issues, including maritime commerce, shipping, environmental protection, safety at sea, and the legal status of maritime areas and vessels.

For entrepreneurs and carriers, one of the most critical areas of concern is maritime transportation, covering both cargo and passenger services. This includes understanding liability for damages related to these operations. Read on to explore the regulatory framework shaping admiralty and maritime law.


What regulations govern legal relations at sea?

Navigating the legal framework of maritime law can be challenging. Legal relations tied to the sea are often governed by a combination of federal law, national laws, and international maritime law, including treaties and conventions. This complexity requires detailed analysis to determine which specific provisions apply to a given situation. Key sources include statutory provisions, regulations from organizations like the International Maritime Organization (IMO), and bilateral or multilateral international agreements.

For carriers operating in Poland, the primary legal framework is provided by the Act of September 18, 2001 – the Maritime Code (commonly referred to as the “Kodeks Morski”). Additionally, international conventions ratified by Poland, such as those regulating maritime jurisdiction, play a crucial role. Throughout this article, relevant legal acts and conventions for each topic will be outlined at the start of the respective sections.


Liability limitation fund – a shield for shipowners

Limitation of liability for maritime claims

The concept of limiting liability for maritime claims, as regulated by the Maritime Code and the Convention on Limitation of Liability for Maritime Claims (LLMC, London, 1976), serves as a crucial protection for shipowners.

Under these regulations, the liability of the shipowner – defined as the owner, charterer, manager, or operator of a seagoing vessel – is capped at specific limits based on the type of claim and the vessel’s tonnage. This limitation is particularly significant in admiralty and maritime law, as it helps balance the interests of shipowners and claimants in the event of maritime disputes.

Examples of Liability Limits

  1. Claims for death or personal injury (excluding passengers):
    • Liability is limited to 3.02 million units of account for vessels under 2,000 tons.
    • For larger vessels, the liability limit increases proportionally with additional tonnage.
  2. Passenger Claims:
    • Liability is capped at 175,000 units of account multiplied by the number of passengers authorized by the ship’s certificate.

The unit of account used is the Special Drawing Right (SDR), defined by the International Monetary Fund (IMF). At present, the SDR is valued between 5 and 6 zlotys.

The unit of account used is the Special Drawing Right (SDR), defined by the International Monetary Fund (IMF). At present, the SDR is valued between 5 and 6 zlotys.

What is a liability limitation fund?

A Liability Limitation Fund offers a procedural mechanism for shipowners to manage claims efficiently while safeguarding their broader assets. The fund is established after submitting an application to limit liability based on an incident that triggers the shipowner’s liability.

Key requirements for establishing the fund

  • The shipowner must deposit an amount corresponding to the maximum liability as stipulated by law.
  • The deposit must also cover procedural costs and statutory interest for delays.

What are the benefits of establishing the fund?

Setting up a Liability Limitation Fund provides shipowners with several strategic advantages:

  1. Centralized claims resolution: Once the fund is established, claimants can only pursue claims against the fund, not the shipowner’s personal or business assets.
  2. Protection from asset seizure: Establishing the fund prevents actions such as seizing the vessel, thereby avoiding potentially severe economic consequences.

Importantly, the fund can also be created after legal proceedings have begun and property has been secured. In such maritime cases, the court may, or in certain instances must, lift the imposed security measures, such as the seizure of the vessel.


How does Polish shipping law regulate liability for ship collisions?

Ship collision – key legal regulations in Poland

Liability for ship collisions is a vital area of maritime law, governed by both national and international frameworks. The primary legal acts addressing such maritime matters include:

  • International Regulations for the Prevention of Collisions at Sea (COLREGs, London, 1972),
  • International Convention for the Unification of Rules of Civil Jurisdiction in Collision Cases (Brussels, 1952),
  • Convention for the Unification of Certain Rules of Law with Respect to Collisions Between Vessels (Brussels, 1910),
  • and the Maritime Code.

What is ship collision liability?

Under general maritime law, liability for ship collisions encompasses damages caused to:

  • The ship itself,
  • Persons on board the vessel (e.g., personal injury claims),
  • The property carried on board.

Such events may occur in navigable waters, at sea, or on inland waterways. Collisions might involve sea vessels or between a sea vessel and a seaplane or inland waterway vessel.

Liability is determined based on the principle of fault, meaning the shipowner is liable only if negligence can be proven. Fault may arise from:

  • Inadequate equipment or maintenance of the vessel,
  • Operational errors in the management or navigation of the vessel,
  • Failure to adhere to international maritime law, such as regulations aimed at preventing collisions at sea.

The scope of liability is compensatory, determined by the actual damage or harm caused, as is typical in admiralty cases.

How to determine the court of original jurisdiction in cases of ship collision?

Jurisdiction in ship collision disputes is governed by specific admiralty jurisdiction principles. The appropriate court may be:

  • The court in the defendant’s place of permanent residence or business operations,
  • The court where the defendant’s vessel is seized, or where such seizure is possible,
  • The court in the location of the incident, particularly if it occurred within port boundaries or internal waters.

The role of the Polish State Marine Accident Investigation Commission

A ship collision may be analyzed by the State Marine Accident Investigation Commission. The commission is tasked with:

  • Determine the circumstances of the incident,
  • Gather evidence that can be used in a lawsuit.

A ship collision may be analyzed by the State Marine Accident Investigation Commission. The commission is tasked with: Determine the circumstances of the incident, Gather evidence that can be used in a lawsuit.

Important: The Commission does not determine fault or impose penalties, but its findings may be crucial in a court case. Therefore, it is worth ensuring that the circumstances in our favor are properly presented (whether we are the perpetrator or the victim).


Liability for Pollution in Polish Maritime Law

Pollution liability is governed by:

  • The International Convention on Civil Liability for Oil Pollution Damage (Brussels, 1969),
  • The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Brussels, 1971),
  • and the Maritime Code.

These laws establish the shipowner’s liability under admiralty law for pollution in navigable waters.

What is the liability for pollution in Poland?

Under maritime law, the shipowner is the primary entity responsible for damages resulting from pollution. This liability, grounded in admiralty jurisdiction and general maritime law, includes:

  1. Repairing Pollution-Related Damage – Pollution may arise from:
    • Cargo shipped or handled during marine commerce,
    • Ship operations,
    • Dumping of waste or hazardous substances into navigable waters.
  2. Restoring the Marine Environment – requested by the competent maritime administration, the shipowner must restore the environment to its pre-pollution state.

When can a shipowner avoid liability?

A shipowner may avoid liability for pollution in certain circumstances. Exemptions apply if the damage results from:

  • Force majeure (unforeseeable and uncontrollable events),
  • Intentional fault of a third party,
  • Defects in navigational aids, such as lights or buoys, maintained by authorities like the coast guard,
  • Intentional actions by the injured party.

Additionally, under rules governing contracts and admiralty cases, a shipowner may be relieved of the obligation to restore the environment if doing so would impose excessive burdens. In such cases, they must instead reimburse the necessary costs incurred to achieve environmental restoration.


Claims related to the delivery of goods in Poland

Claims involving the delivery of goods by sea are primarily governed by the Hague-Visby Rules and the Maritime Code, which incorporates these rules.

Important note: Poland has not ratified the Rotterdam Rules, despite signing them in 2009. The Hague-Visby Rules remain the prevailing framework in such claims under maritime law.

What are the types of claims in carriage by sea?

Disputes in marine commerce often arise between carriers, freight forwarders, and shippers. These include:

  1. Claims of the carrier against the freight forwarder
  • Delays in cargo delivery: Compensation for financial losses due to delays.
  • Irregularities in documentation: Liability for errors in the sea bill of lading or sea waybill, critical for transport.
  • Shipper’s liability: Responsibility for damages due to inaccurate statements about cargo characteristics.
  1. Claims of the freight forwarder against the carrier
  • Loss or Damage to Cargo: Freight forwarders can claim damages for cargo lost or damaged while in the carrier’s custody. Liability is determined by:
    • The ordinary value of the cargo at delivery, or
    • For damaged cargo, the difference between its undamaged and damaged value.

When can the carrier be exempted from liability?

The value of the cargo is presumed to match the amount stated in the sea bill of lading. However, the carrier retains the right to present evidence proving that the actual value is lower.

The carrier is not liable for damages if the loss or damage arises from any of the following causes:

Cause of Exemption Description
Act or omission of the crew Actions or negligence by the ship’s crew.
Fire Provided it did not result from the carrier’s act or fault.
Hazards or accidents at sea Unavoidable risks or accidents during the voyage.
Force majeure Events beyond human control (e.g., natural disasters).
Acts of war Damage caused by hostilities or warfare.
Coercion by authorities Compulsion by governmental or regulatory authorities.
Quarantine restrictions Delays or damage due to health-related restrictions.
Strike Labor strikes disrupting operations.
Salvage of property and life at sea Damage incurred during rescue operations.
Natural characteristics of the goods Damage due to inherent traits of the cargo (e.g., perishability).
Insufficiency of packaging Inadequate or lo unsuitable packing provided by the shipper.
Undetectable latent defects Hidden flaws in goods not detectable by reasonable inspection.

The carrier is also exempt from liability if the cargo’s type or value was knowingly falsely declared by the shipper.

The carrier is also exempt from liability if the cargo’s type or value was knowingly falsely declared by the shipper.

Who is the defendant and who is the plaintiff in maritime transportation cases?

In maritime transportation cases, the defendant is typically the carrier whose activities caused damage to the cargo. The plaintiff is usually the party entitled to receive the cargo, such as the freight forwarder or the legitimate holder of a sea bill of lading. This may include:

  • Named Bill of Lading: The consignee named in the document.
  • Order Bill of Lading: The person or entity specified in the bill or the holder with an unbroken chain of endorsements (even if the last endorsement is in blank).
  • Bearer Bill of Lading: The bearer of the bill.

When is the statute of limitations on a contract of carriage?

Under maritime law, claims related to contracts of carriage are generally time-barred after 2 years from the due date. An exception applies to holders of a sea bill of lading, where claims must be filed within 1 year from the delivery date (or the date the cargo should have been delivered).

Jurisdiction in Maritime Transportation

The law governing a contract of carriage is typically determined by the carrier’s habitual residence, provided the place of cargo acceptance, delivery, or the shipper’s habitual residence is in the same country. Otherwise, the law of the state where the agreed place of delivery is located applies.

Disputes are adjudicated in the court of the place of performance, which is the location where the cargo was delivered. This follows the principles of admiralty jurisdiction, depending on the nature of the claim and applicable maritime matters.

What happens to abandoned cargo in maritime transportation?

In maritime activities, goods are considered abandoned if:

  • The consignee does not accept them,
  • The consignee fails to notify the carrier,
  • The unloading process is delayed by the consignee, preventing timely ship discharge.

Under maritime law, if cargo is abandoned (e.g., not accepted or delayed by the consignee), the carrier has the right to unload it at the consignee’s expense and risk. The goods can then be stored, with the carrier notifying the consignee and, if known, the shipper.

If the cargo remains unclaimed for 2 months and the carrier is unpaid, they may sell the goods to recover costs. Perishable items or goods with high storage costs, like refrigerated products, can be sold earlier. In such cases, the carrier must provide 7 days’ notice to the consignee and freight forwarder before the sale.

The sale proceeds first cover all the carrier’s costs, including transportation, storage, and sale fees. Any remaining funds must be deposited with the court, while insufficient proceeds allow the carrier to claim the balance from the freight forwarder through the courts.


Claims related to the transportation of passengers

What legal acts govern these claims?

Claims in maritime transportation of passengers are governed by several key laws, including:

  • Regulation (EC) No. 392/2009 of the European Parliament and of the Council, dated April 23, 2009, concerning the liability of passenger carriers on maritime waterways for accidents,
  • Regulation No. 1177/2010 of November 24, 2010 concerning the rights of passengers traveling by sea and inland waterways and amending Regulation (EC) No. 2006/2004,
  • Athens Convention of 1974 on the Carriage of Passengers and their Luggage by Sea,
  • Maritime Code.

These regulations primarily cover claims for damages related to passenger death or luggage loss but also extend to other rights and compensations, as outlined below.

Event causing the claim Compensation
Damage or loss of mobility equipment for a disabled person Replacement value or repair costs
Delay in trip completion (minimum threshold applies) 25% of the ticket price
Cancellation by the passenger 7 days before the trip Full ticket price
Death of a passenger, notified 3 days before the trip Full ticket price
Death of a passenger during the trip Unused portion of fare, based on living expenses
Trip cancellation or delay over 90 minutes Full ticket price

When should a carrier’s liability be recognized?

A carrier’s liability arises from damage caused by:

  • death of the passenger or
  • bodily injury and disorder of health suffered by him or her, and
  • loss of or damage to luggage,

– provided the event results from the fault or negligence of the carrier or its employees. In cases of shipwreck, collision, shoaling, explosion, fire, or a defect in the ship, the carrier’s fault is presumed.

Liability for luggage loss or damage is limited, such as 833 units of account per passenger for cabin baggage. However, liability is unlimited if the carrier acted intentionally or recklessly, knowing damage was likely.

Limitation of claim and jurisdiction

Claims for passenger death, injury or disorder of passenger, or luggage damage are subject to a two-year statute of limitations. The applicable law is that of the passenger’s country of residence if the place of departure or destination is in the same country. Otherwise, the law of the carrier’s residence applies.

Jurisdiction lies in the court of the place of performance, typically the port of destination.


FAQ – Maritime law and international transport

FAQ - Maritime law and international transport

Will the carrier be liable for the diminished value of the goods if they were already damaged when they were handed over?

The carrier is only liable for damage caused during transportation. Any pre-existing damage should be noted in the sea bill of lading or other legitimizing documents before loading begins.

What information should a bill of lading contain?

A bill of lading should include:

  • Carrier’s and shipper’s designation,
  • Consignee’s designation,
  • Ship name,
  • Cargo description and identifying marks,
  • Freight charges,
  • Loading and unloading locations,
  • Number of issued copies and place of issuance,
  • Carrier’s or master’s signature.

The carrier may also include remarks on the cargo’s external condition or packaging.

What are incoterms?

Incoterms are internationally recognized terms of sale established by the International Chamber of Commerce. They define the responsibilities of buyers and sellers, simplifying contracts by referencing specific rules rather than detailing each provision.

Who is an authorized economic operator (AEO)?

An AEO (Authorized Economic Operator) is a trader certified by customs authorities as reliable and compliant with customs and tax laws. AEOs benefit from fewer inspections, expedited checks, and access to customs simplifications. To qualify, an entrepreneur must meet criteria including no criminal offenses, sound financial standing, and effective management systems for trade and transport records.

Under what procedure will the court hear cases related to the supply of goods in foreign commerce?

Cases concerning the supply of goods are regulated by the Maritime Code but are heard as civil cases under Poland’s Code of Civil Procedure. These cases fall within the broader context of maritime cases, often involving cargo claims and disputes under domestic law.

Can a third country vessel navigate on Poland’s inland waterways?

Yes, if an international shipping agreement exists between Poland and the third country. Otherwise, a permit must be obtained:

  • From the Minister of Infrastructure for regular voyages between Polish and foreign ports.
  • From the Director of Inland Navigation for other voyages.

Applications must be submitted 14 days before arrival at the departure port.

Does a contract for the sale of a seagoing vessel have to be made in writing?

For Polish-registered vessels, the contract must be in writing with notarized signatures, as required by civil procedure and domestic law.

What are ships constituting Poland’s property?

Ships are considered Polish property if owned by:

  • The State Treasury,
  • A Polish legal entity with its registered office in Poland, or
  • A Polish citizen or partnership registered in Poland.

Are all seagoing vessels delivering goods to ports in Poland subject to registration in the ship registry?

No, only ships under Polish ownership must be registered in the Ship Register. However, unregistered ships may be voluntarily entered at the owner’s request.

Can a maritime lien be established on a marine vessel?

Yes, maritime liens (or mortgages) can be established on vessels registered in the Ship Register. This includes claims for damage, loss, or rental charges, governed by private law and the Maritime Code.

Is it possible to establish a lien on a marine vessel?

Yes, a lien, known as a maritime mortgage, can be established on a ship registered in the Ship Register. This mortgage is governed by civil law provisions for ordinary mortgages, with additional rules governing contract from the Maritime Code.

A maritime mortgage covers more than just the ship itself; it extends to claims for compensation for damage or loss of the ship, as well as charges related to its rent or lease. This makes it an important tool in maritime liens and private law disputes involving shipowners and other stakeholders in the shipping industry.

What is the difference between a charter contract and a beaching contract?

Both contracts are a type of cargo transportation contract.

  • Charter Contract: The carrier provides cargo space, and the shipper decides the cargo.
  • Beaching Contract: The shipper specifies the cargo, and the carrier provides suitable space.

Does the ship owner have a marine salvage obligation?

No, the duty of rescue is solely on the master of the ship. The ship owner is not liable for the captain’s failure to fulfill it. Moreover, the duty to rescue exists only if the rendering of assistance does not put the assisting vessel and those on board at serious risk. This applies only to saving human life, not property.

Expert team leader DKP Legal Michał Szczepaniak
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