Important Circulars this week
Significant developments in environmental and labour regulation together with a change to cargo liability cover under P&I have generated four separate, and important, circulars
An updated version of one of the two electronic trading systems, ESS, has now been approved. Circular 6/13 sets out the approval of DSUA 2013.1 but also warns of areas of potential liability that still remain outside Group P&I cover in respect of these systems.
Circulars 5/13 and 7/13 deal with more onerous requirements under Australian and US pollution law respectively. The first describes the revised recommended pollution indemnity clause for charter parties in respect of legal & defence costs and indemnity in the event of contributory fault. The latter reports the more onerous ten day deadline for submission of owners' Certificates of Entry prior to entering local waters under Californian Code of Regulations relating to COFRs.
Finally, Circular 8/13 gives details of the financial security required of shipowners in respect of repatriation, death or long term disability of seafarers. The International Group is liaising with all ratifying states to obtain acceptance of Certificates of Entry as evidence of financial security for seafarers claims under MLC 2006.
Members should note these circulars as they can affect them in ways that are beyond usual Club cover. The circulars endeavour to give succinct explanations, but in most cases the Club also provides other resources and references to give support to Members on these issues. Links to those resources are provided below:
Circular 5/13 Australian Pollution LawLegal Briefing: Australia toughens maritime pollution laws
Circular 7/13 California Code of RegulationsUS Pollution Risks
Circular 8/13 Maritime Labour Convention
MLC 2006 Resources Area
You may also be interested in:
The entry into force of the 2014 amendments to MLC on 18 January 2017 raised a number of complex and novel questions
Review of the Year 2022
The Club’s financial position remains strong with free reserves of $488 million as at 20 February 2022. The Club continues to comfortably meet all its regulatory capital requirements and remains in the highest AAA band of Standard & Poor’s capital model.
The Club’s correspondent in China, Huatai Marine, provide in their latest Circular No: PNI  05 details of this summer’s fishing ban along China’s coastal areas.