pi_circular Insurance & claimsCompliance & regulation Skuld
The need for a publication entitled "Shipping Regulation and Guidance" is a clear illustration of the challenge faced by shipowners in keeping apace with new legislation. It is a challenge for shipowners and P&I clubs alike. We have to recognise that this is a feature of modern life – a belief that new laws are the solution for any problem. One small consolation is that shore based industries also face a similar barrage of new legislation. What marks out shipowners from their shore based counterparts is the uniquely global nature of their business. Operators of ships trading worldwide are dependent on a certain degree of uniformity in order to remain in compliance. That is why P&I clubs and shipowners' organisations are constantly trying to limit regulation on a national or regional basis. This is most frequently encountered by clubs in the context of shipowners' being required to demonstrate that they have adequate insurance in place as a condition of port entry. The consistent position taken by clubs is that the standard Certificate of Entry is sufficient. In addition, all thirteen clubs in the International Group have lists of vessels available on their websites which are updated at least once a day so it is easy enough to check on the authenticity of the Certificate. The clubs resist meeting additional local demands which go beyond simple confirmation of the main types of cover provided, with wreck removal being a common request. In the short run, it would save the individual shipowner time if the club provided a piece of paper which met the demands of a particular harbourmaster. However, for shipowners as a whole the relatively restrictive policy does provide the real benefit of preventing a proliferation of local demands which would inevitably lead to frustrating delays. The EU Insurance Directive 2009/20/EC adopted in April 2009 (originally the Civil Liability Directive) is an example of legislation at a regional level. The Directive, which membe
Certificate of Entry (blue cards)
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