Special tanker Circular No Special tanker Circular No. 1/98

TO TANKER OWNERS


April 1998


Dear Sirs,

BLUE CARDS
CLC CERTIFICATES
1969 AND 1992 CIVIL LIABILITY CONVENTIONS

Members are referred to Special Tanker Circular No 1/97. As stated in that Circular from midnight on 15 May 1998 two separate regimes will be in force: The 1969 Civil Liability Convention (CLC) and the 1992 CLC. It may therefore be necessary for ships to carry on board both a 1969 and a 1992 CLC certificate after that date.

A list of States which will be parties to the 1992 CLC as from midnight on 15 May 1998 is attached as Annex 1. A list of States which will be parties to the 1969 CLC as from midnight on 15 May 1998 is attached as Annex 2.

Tankers flying the flags of 1992 CLC States or the flags of States which are not parties to either the 1969 or the 1992 CLC

This section is only applicable to ships flying the flags of a State party to the 1992 CLC (see Annex 1) or of States which are not parties to either 1969 or 1992 CLC, i.e. States which are not listed in Annex 1 or Annex 2.

IMO Legal Committee discussions
The problem of certificates was discussed at the Legal Committee of the International Maritime Organisation (IMO) when it met in London on 20-24 April 1998. At the end of the week the Committee issued the attached circular (Annex 3). The Committee recommends that:

(a) where legally possible in accordance with their national law, States parties to the 1969 CLC accept CLC certificates issued by States parties to the 1992 CLC as proof that a ship has insurance cover as required by the 1969 CLC; and

(b) States parties to the 1969 CLC continue the established practice of issuing 1969 CLC certificates to ships flying the flag of non-party States and accept such certificates issued by other States parties to the 1969 CLC.

Effect of IMO Legal Committee Recommendations
(A) Some 1969 CLC States have in place legislation which will not permit them to accept 1992 CLC certificates in place of 1969 CLC certificates e.g. Canada and Italy. It will be necessary when calling at these countries for ships to have on board a 1969 CLC certificate. Panama has indicated that it would be prepared to provide 1969 CLC certificates for 1992 CLC flag ships.

These certificates can be obtained in exchange for a blue card addressed to the Panamanian Registry.

It is likely that other 1969 CLC States will also be prepared to issue certificates.

(B) Some 1969 CLC States have indicated that they would not insist on the carriage on board of a 1969 CLC certificate provided that the ship carries on board a 1992 CLC certificate and a 1969 CLC blue card addressed to a 1969 flag state. Malaysia is one such State.

(C) Some 1969 CLC States have agreed to accept 1992 CLC certificates as evidence of 1969 CLC liabilities, e.g. Indonesia.

In order to ensure world-wide trading, ships flying the flag of 1992 CLC States and ships flying the flag of a State which is not party to the 1969 CLC are recommended to carry on board the following:
a copy of the IMO Circular;
a 1992 CLC certificate; and
a 1969 CLC certificate (this may be substituted by a 1969 CLC blue card addressed to a 1969 flag state provided a shipowner is not calling at ports in a country in which there is in place national legislation which forbids the acceptance of a 1992 CLC certificate as evidence of insurance in accordance with the 1969 Convention).

Should the Members wish for 1969 CLC blue card they are recommended to contact the Association.


Tankers flying the flags of 1969 CLC States
This section is only applicable to ships flying the flags of a State party to the 1969 CLC (see Annex 2).

As from midnight on 15 May 1998 it will be necessary for ships in this category to carry on board a 1992 CLC certificate. This can be obtained in exchange for a blue card from:

Department of Transport, Marine Office,
Central Court, 1B Knoll Rise
Orpington, Kent BR6 0JA,
United Kingdom
Tel: 44 1689 890400; Fax: 44 1689 890446

The registration fee is: GBP 33

Yours faithfully,
American Steamship Owners Mutual Protection and Indemnity Association, Inc.
Assuranceforeningen Gard
Assuranceforeningen Skuld
The Britannia Steam Ship Insurance Association Limited
The Japan Ship Owners’ Mutual Protection and Indemnity Association
Liverpool and London Steamship Protection and Indemnity Association Limited
The London Steam-Ship Owners’ Mutual Protection and Indemnity Association Limited
The North of England Protecting and Indemnity Association Limited
The Shipowners’ Mutual Protection and Indemnity Association (Luxembourg)
The Standard Steamship Owners’ Protection and Indemnity Association (Bermuda) Limited
The Steamship Mutual Underwriting Association (Bermuda) Limited
Sveriges Angfartygs Assurans Forening (The Swedish Club)
The United Kingdom Mutual Steam Ship Assurance Association (Bermuda) Limited
The West of England Ship Owners Insurance Association (Luxembourg)


Annex 1
States Party to the CLC 19921
(as at midnight on 15 May 1998)
Australia, Bahamas, Bahrain, Bermuda2, British Virgin Islands², Cyprus, Denmark, Egypt, Finland, France, Germany, Greece, Ireland, Isle of Man², Japan, Korea (Republic of), Liberia, Marshall Islands, Mexico, Monaco, Netherlands, Norway, Oman, Spain, Sweden, Switzerland, Tunisia, United Kingdom.

The CLC 1992 will enter into force in:
Croatia on midnight 11 January 1999
Grenada on midnight 6 January 1999
Jamaica on midnight 5 June 1998
Philippines on midnight 6 June 1998
Singapore on midnight 17 September 1998
United Arab Emirates on midnight 18 November 1998
Uruguay on midnight 8 July 1998
Although every attempt has been made to ensure the accuracy of the information listed below, Members intending to rely on the information should check with the relevant authorities.
2 Ratification effected by the United Kingdom.


Annex 2
States Party to the CLC 19693

Albania, Algeria, Antigua & Barbuda, Barbados, Belgium, Belize, Benin, Brazil, Brunei Darussalam, Cambodia, Cameroon, Canada, Cayman Islands4, Chile, China (People’s Republic of), China Hong Kong SAR, Colombia, Costa Rica, Côte d’Ivoire, Croatia5, Djibouti, Dominican Republic, Ecuador, Equatorial Guinea, Estonia, Fiji, Gabon, the Gambia, Georgia, Ghana, Gibraltar², Guatemala, Guyana, Iceland, India, Indonesia, Italy, Kazakhstan, Kenya, Kiribati, Kuwait, Latvia, Lebanon, Luxembourg, Madeira6, Malaysia, Maldives, Malta, Mauritania, Mauritius, Morocco, Mozambique, New Zealand, Nicaragua, Nigeria, Panama, Papua New Guinea, Peru, Poland, Portugal, Qatar, Russian Federation, Saint Kitts & Nevis, Saint Vincent & the Grenadines, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore7, Slovenia, Solomon Islands, South Africa, Sri Lanka, Syrian Arab Republic, Tonga, Tuvalu, United Arab Emirates8, Vanuatu, Venezuela, Yemen, Yugoslavia.

3 Although every attempt has been made to ensure the accuracy of the information listed below, Members intending to rely on the information should check with the relevant authorities.
4 Ratification effected by the United Kingdom.
5 The 1992 CLC will enter into force at midnight on 11 January 1999 in Croatia.
6 Ratification effected by Portugal.
7 The 1992 CLC will enter into force at midnight on 17 September 1998 in Singapore.
8 The 1992 CLC will enter into force at midnight on 18 November 1998 in the United Arab Emirates