Member circulars

The consolidated contingency reserves, which provide security and stability for the joint membership, stood at USD 909 million; policy year 2010 is closed with no further calls being levied; no further Deferred Calls or Supplementary Calls are expected for the 2011 and 2012 policy years, and a general increase of 5 per cent in the Advance Calls for mutual P&I entries and 10 per cent for mutual FD&D entries for the 2014 policy year.

Members were previously advised that non-tank vessel owners are required to submit Vessel Response Plans (VRPs) to the Coast Guard by 30 January 2014 and are required to pre-contract with Qualified Individuals (QIs), Oil Spill Response Organisations (OSROs), Dispersant service providers and salvors.  This circular addresses the requirements for contracts with salvors. 

The Final Rule addressing Non-Tank Vessel Response Plans has been published in the Federal Register, Vol. 78, No. 189, dated Monday 30th September 2013. Non-tank vessel owners are required to submit their Vessel Response Plan to the Coast Guard by 30th January 2014.

Following the Annual General Meeting of Gard P. & I. (Bermuda) Ltd on 28 August, 2013 there are some changes to the Board of Gard P. & I. (Bermuda) Ltd and the Election Committee.

Members have previously been informed of the impact of the recent developments in relation to EU and US Iran sanctions through FAQs (Frequently Asked Questions) prepared by the International Group. This circular highlights some of the recent restrictive measures.

The imminent entry into force of the MLC has brought the Convention and its requirements on shipowners into focus and in particular the financial security requirements established in the Convention.

The Maritime Labour Convention will enter into force internationally on 20 August 2013.

Before operating in Californian waters, tank and non-tank vessels are required to submit their certificate of entry at least ten calendar days prior to operating or entering these waters, in order to apply for a Californian COFR. This requirement supersedes the requirement to submit the CoE at least three working days prior to entering CA waters.

The International Group recommended charterparty clause in respect of Australian legislation covering penalties for pollution from ships and damage to the Marine environment has been updated.

Gard P&I Member circular No. 18/2013 sets out the reinsurance arrangements as applicable to the entries for the 2013 policy year.

This circular outlines amendments to the Rules for Ships and the Rules for Mobile Offshore Units (MOUs) of both Assuranceforeningen Gard - gjensidig - and Gard P. & I. (Bermuda) Ltd, which will enter into force at noon GMT on 20 February 2013.

Since many owners will be signing new spill response contracts with SPROs in the near future, a revised set of FAQs taking account of the revised Detailed Rules have been issued as contained in Annex I to this circular in advance of any further MSA Notice. Attached is also the Sample Agreement dated 20 November 2012.

For vessels registered in a non EU/EEA State, Germany has agreed to issue certificates to vessels registered in non EU/EEA States if they are calling at any EU port, and not just German ports, and that a number of EU/EEA States will issue certificates to such vessels if calling at a port in their State after 31 December 2012, including the United Kingdom, France, Spain, Netherlands, Poland, Cyprus, Belgium and Sweden.

Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the Liability of Carriers of Passengers by Sea in the Event of Accidents will take effect on 31 December 2012. The Athens Convention will therefore enter into force after the Regulation takes effect.

Safeguard will now extend its scope of business to include the provision of financial security required for War and Terrorism Risk - War Passenger Blue Cards - under the Athens Convention/PLR.

On 14 September, the China MSA issued revised Detailed Rules on the Implementation of the Administration Regime of Agreement for Ship Pollution Response amending the Detailed Rules previously issued by the China MSA which came into effect on 1 January 2012.

We are pleased to report that the financial position of Gard P. & I. (Bermuda) Ltd and Assuranceforeningen Gard – gjensidig as at 20 August 2012 remains strong.