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HNSC: Insurers and Insurance Certificates

• ProfessorErik Røsæg

• Scandinavian Institute of Maritime Law, Oslo

• erik.rosag@jus.uio.no• Tel +47 2285 9752• 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

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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