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Procedure for Applying for, Issue, Revocation and Storage of Certificate of Liability Insurance or Other Financial Security for Bunker Oil Pollution Damage, and Format of Certificate

Passed 25.07.2008 No. 69

This Regulation is established on the basis of subsection 3 (2) of the Act on Accession to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, and pursuant to Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (hereinafter the Bunker Convention)

§ 1.  Scope of regulation

  This Regulation provides for the procedure for applying for, issue, revocation and storage of a certificate of liability insurance or other financial security for bunker oil pollution damage, and the format of the certificate (appended).

§ 2.  Lodging of application

 (1) The application for the issue of the certificate shall be lodged with the Maritime Administration by the shipowner or its representative or, in case of ships entered in the register of bareboat chartered ships, by the bareboat charterer.

 (2) The following particulars about the ship shall be set out in the application:
 1) name of the ship;
 2) distinctive number or letters;
 3) IMO ship identification number;
 4) gross tonnage of the ship;
 5) port of registry;
 6) name and address of the shipowner.

 (3) The application shall be accompanied by the insurance contract or other financial security, such as the guarantee of a bank or similar financial institution, to cover the liability of the registered owner for pollution damage in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases, not exceeding an amount calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.

 (4) Upon applying for the certificate for a ship flying the flag of a foreign state, the tonnage certificate of the ship shall be submitted to the Maritime Administration.

§ 3.  Issue of certificate

 (1) Upon issue of the certificate, the Maritime Administration shall verify the compliance of the security with the conditions provided for in the Bunker Convention.

 (2) The Maritime Administration shall not issue the certificate if the amount of the security provided does not meet the requirements of the Bunker Convention and of the Merchant Shipping Act.

 (3) The Maritime Administration shall issue the certificate or make a decision on refusal to issue the certificate within three working days after submission of the application.

 (4) The certificate shall be issued for a term which shall not exceed the term of the insurance contract or other financial security.

§ 4.  Conditions for validity of certificate

  The certificate shall be valid for the duration of the insurance contract or other financial security.

§ 5.  Bases for revocation of certificate

  The certificate shall be revoked:
 1) upon expiry of the insurance contract or other financial security if it expires before the end of the term of the certificate;
 2) if it turns out that the shipowner, bareboat charterer or their representative has submitted incorrect data while applying for the certificate.

§ 6.  Procedure for revocation of certificate

  The certificate shall be revoked by the Maritime Administration that shall immediately notify the shipowner of the revocation.

§ 7.  Procedure for storage of certificate

 (1) The original certificate shall be stored on the ship.

 (2) A copy of the certificate shall be stored at the Maritime Administration.

§ 8.  Entry into force of Regulation

  This Regulation shall enter into force on the day of international entry into force of the Bunker Convention.

Annex CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY IN RESPECT OF CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE