The EC's plan to develop its own cargo liability rules shows there is no industry-wide support for the proposed Rotterdam Rules, according to the European Shippers' Council (ESC).
ESC secretary general Nicolette van der Jagt said: "This just goes to show that a failure to reach consensus among different trade interests and other organisations on the content of the Rotterdam Rules, and their complexity, will most likely result in a number of multimodal variants being developed around the world."
The ESC said it understood the EC had decided to develop its own legislation because the Rotterdam Rules did not conform to European multimodal expectations.
A war of words has erupted between different industry associations supporting and opposing the Rotterdam Rules.
Officially the Convention on Contracts for the International Carrying of Goods Wholly or Partly by Sea, they are designed to replace the outdated Hamburg and Hague-Visby compensation regimes.
Last week, the European Community Shipowners'Association (ECSA) joined the International Chamber of Commerce, USbased liner lobby group World Shipping Council and US shipper group National Industrial Transportation League in backing the convention.
Ironically, the ECSA claimed failing to implement it would cause different countries and regions to come up with their own liability rules.
It also criticised the ESC, claiming it misunderstood the Rotterdam Rules.
It said: "As European shippers did not participate in the negotiations until the very end of the process, their perspective represents a misunderstanding and lack of appreciation of the delicate compromise achieved in the multilateral negotiations.
"The rules provide for a well-balanced regime that takes into account the interests of shipowners and shippers, a feature that is fully recognised and endorsed by all shippers'interests worldwide, except the ESC.
"There are clear indications that if the Rotterdam Rules would not become applicable at short notice, the US will proceed with its own legislation on cargo liability."
The ESC and freight forwarder association Clecat are opposed to the rules because they claim they would increase risk for shippers and forwarders by allowing carriers to "opt out" of liability rules on volume contracts.
The rules will enter into force once 20 countries have ratified the legislation.
