January 2007

 

 

 

To all Tanker Members of ASSURANCEFORENINGEN GARD - gjensidig

 

 

Dear Sirs,

 

International Convention on Civil Liability for Oil Pollution Damage 1992

Blue Card - Issuance to Registered Owners Only

 

The Clubs in the International Group are the principal providers of the Blue Cards which provide the basis for States to issue the State certificates in accordance with the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC).

 

The Convention requires the owner of a ship registered in a CLC Contracting State and carrying more than 2,000 tons of oil in bulk as cargo to maintain insurance cover in accordance with the requirements of the Convention, which is evidenced by the Blue Card issued by the Club. CLC tankers must carry a State certificate on board attesting the insurance coverage.

 

It has been reported that some CLC Contracting States [1] are requiring Blue Cards naming both the owner and the bareboat charterer.

 

It is understood that some Clubs may have complied with these requests to name the bareboat charterer in respect of the 2006 policy year.

 

It has now been agreed that the practice of naming bareboat charterers in Blue Cards must be discontinued with immediate effect since this does not reflect the clear provisions of the Convention, which make the registered owner solely liable and explicitly exclude the charterer from liability.  For the purposes of the Convention the Clubs will now only provide a Blue Card to the “person or persons registered as the owner of the ship”.

 

Those authorities that have previously requested the naming of bareboat charterers have been informed that this practice will be discontinued with effect from 20 February 2007 . 

 

If you have any questions, please contact the P&I Underwriting Department in Gard AS.

 

Yours faithfully

GARD AS

As agent only for Assuranceforeningen Gard -gjensidig-

 

 

Claes Isacson

Chief Executive Officer



[1]Liberia , Venezuela , Singapore , Saudi Arabia , Marshall Islands , Luxembourg , Italy and France as reported so far.