The Resolution for consideration at the SGM on 19th January 2010 (ref Circular 14/09) was passed.
No further guidance on requirements for pre-contracting with OSROs has been received from the MSA since the Club's previous circular (12/09) . Further guidance will be issued as soon as more information is available. China Marine Services, a Thomas Miller joint venture service company in China, may be able to assist Members with practical matters of immediate concern
Papers are enclosed for the Special General Meeting in Bermuda to consider amending the Rules. Completed proxy forms should arrive at the Secretary at least 12 hours before the meeting on 19th January 2010.
EU states will bring the provisions of the Insurance Directive into law by 1st January 2012 at the latest. The Insurance Directive requires all ships greater than 300 gt to evidence insurance for maritime claims subject to LLMC 96 . Imminent changes to certificates of entry to comply with the Insurance Directive include incorporation of the registered shipowner’s name and principal place of business
China’s first comprehensive system of marine pollution regulations take effect from 1st March 2010. The Maritime Safety Administration (MSA) is the enforcing agency for the Regulations supervising and administering prevention and control of marine pollution by ship operations. Before entering Chinese ports, ships carrying polluting hazardous cargo and all other ships over 10,000 gross tons must pre-contract with approved pollution response companies. Compulsory insurance is required to meet Chinese Maritime Code or 1992 CLC and Bunkers Convention where applicable.
Supplementary premium for 2008 policy year levied at 20 per cent of mutual premium as estimated. Five per cent general increase in premium rating of all Members required for 2010 plus any increase in the cost of the International Group reinsurance premium for 2010 for the mutual Members.
Report of the AGM proceedings and resolutions adopted
This circular provides details of the AGM of the Club in Bermuda on 26th October 2009 and the arrangements for voting by proxy.
This circular explains the impact of the 3rd EU Maritime Safety Package on Members whose ships enter EU waters, including: A requirement to carry P&I certificates on board which may be enforced by Port State Control. The extension of the 2002 Protocol to the Athens Convention to domestic sea-going and inland waterways voyages. The establishment of an independent authority in individual EU states to respond to ships in distress with powers to board ships and direct them to designated places of refuge.
Over 20 States in the EU have now brought the European Directive on Environmental Liability (ELD) into law. Under the ELD shipowners are strictly liable for the costs of preventative and remedial actions for the environmental damage arising from the transport of dangerous or 'polluting' goods, if such costs are outside the scope of application of a relevant liabilty convention. Differing liability and compensation regimes of the ELD and relevant international conventions are explained. The three levels of remediation required under the ELD are also explained.
The number of jurisdictions that require owners to maintain vessel response plans (VRP) has been increased. This circular reiterates the four areas of importance to the Club when reviewing contracts under VRP requirements. Two annexes to this circular contain the IG guidelines on VRP contracts in the US and outside the US.
2006 policy year closed with no further supplementary premium. No further supplementary premium estimated for the 2007 policy year. Estimated supplementary premium for 2008 maintained at 20 per cent. Increased free reserves and capital (including hybrid capital) of US$334 million
Overall cost of reinsurance to increase for 2009. Collective overspill reinsurance protection on behalf of each club in the Group purchased once again for the 2009 policy year. Club retention remains at US$7 million for 2009. Pooling structure to change for 2009. Oil pollution claims remain subject to a special limit under Rule 5B(ii) of US$1,000 million for owned ships. War risks P&I and US voyage surcharge premiums reported separately in Club circulars 2/09 and 3/09.
The additional premium system for tankers carrying persistent oil to or from the United States will continue for the 2009 policy year. Rates have been reduced by 10 per cent.
Limit on Special War Risks P&I cover for 2009 policy year remains US$500 million. “Bio-Chem” exclusion remains and a supplementary cover for "Bio-Chem" risks in respect of crew & legal costs limited at US$30 million continues to be available. A portion of these covers is provided in accordance with the requirements of the US Terrorism Risk Insurance Act of 2002 (Act), as amended by the Terrorism Risk Insurance Program Reauthorization Act (TRIRA) of 2007.
The Resolutions for consideration at the SGM on 19th January 2009 (ref Circular 17/08) were passed.