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

Passed 10.07.2014 No. 53

The Regulation is established on the basis of subsection 77⁵ (3) of the Merchant Shipping Act.

§ 1.  Scope of regulation

  This Regulation provides for the procedure for applying for, issue, revocation and maintenance of a certificate of liability insurance or other financial security in case of causing loss of life, damage to health or bodily injury of a passenger, and the format of the certificate. The format of the certificate is set out in the Annex to the Regulation.

§ 2.  Lodging of application

 (1) A carrier shall lodge an application for the issue of the certificate with the Maritime Administration.

 (2) The following particulars about the ship shall be set out in the application:
 1) name, distinctive number or letters and port of registry of the ship;
 2) name and principal place of business of the carrier;
 3) IMO ship identification number;
 4) type and duration of security in case of war risks and non-war risks;
 5) name and principal place of business of the insurer or of the person providing other financial security.

 (3) The insurance contract or the contract on other financial security covering the liability of the carrier for causing the loss of life, damage to health or bodily injury of a passenger in an amount corresponding to the limit of liability specified in § 77⁴ (1) of the Merchant Shipping Act shall be appended to the application.

§ 3.  Issue of Certificate

 (1) Upon issue of the certificate, the Maritime Administration shall verify the compliance of the application with the conditions specified in subsection 2 (2) of this Regulation, and the compliance of the insurance contract or the contract on other financial security with the conditions provided by law. In case of non-compliance, the Maritime Administration shall not issue the certificate to the carrier.

 (2) 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.  Procedure for revocation of certificate

 (1) The Maritime Administration shall revoke the certificate in the following cases:
 1) upon expiry of the insurance contract or the contract on other financial security if it expires before the end of the term of the certificate;
 2) if it turns out that the carrier has submitted incorrect data while applying for the certificate.

 (2) The Maritime Administration shall immediately inform the carrier or the operator about revocation of the certificate.

§ 5.  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.

Annex Certificate of liability insurance or other financial security regarding liability for loss of life and personal injury of passengers.