HNSC: Insurers and Insurance Certificates

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HNSC Insurers and Insurance Certificates

• ProfessorErik Røsæg
• Scandinavian Institute of Maritime Law, Oslo
• erik.rosag_at_jus.uio.no
• Tel [phone]
• folk.uio.no/erikro

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Outline of the insurance provisions

• Certificates for all ships
• Scope of cover liability of the owner except
  wilful misconduct etc
• Direct action in certain jurisdictions (art 38)
• Alternative security
• Issuing state

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Insurance capacity
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Issue of certificates

• Authorties
• Public
• Private
• Foreign vessels
• Fees
• Information!
• Authority registration number

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The certificate

• Form
• Information in the certificate
• English, Spanish or French
• Equasis, etc

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Consideration of the application

• Burden of proof (national law?)
• Does the undertaking cover all obligations
  required by HNSC?
• Does the insurer have the financial capability
  necessary for his undertaking?
• Will the insurer have sufficient funds available
  in a State Party when a claim is made?
• International information system

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Implementation

• A legal basis
• Penal sanctions
• Control authority
• Inspection procedures

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Control procedures

• Registers
• Port state control
• targeting
• inspection
• Details on entering territorial waters
• Details in notice to ports

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National adaptations

• HNS insurance for all cargo ships?
• Burden of proof concerning HNS cargo?

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Summary

• Certificate requirement
• Legal basis sanctions
• Organize issuance
• Control measures
• Legal basis
• Organization routines for random checks
• HNS Fund
• Email list on insurers
• Registration of authority to issue certificates
• Equasis, etc.

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Collision Convention
12
Collision Convention

Fund
Shipowner
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HNSC FUNDC

• because the damage exceeds the owner's liability
  under the terms of chapter II

• because the damage exceeds the owner's liability
  under the Liability Convention as limited
  pursuant to article V, paragraph 1 of that
  Convention or under the terms of any other
  international Convention in force or open for
  signature, ratification or accession at the date
  of this Convention