1 of 2 DECEMBER 15, 2009 CIRCULAR NO. 29/09 TO MEMBERS OF THE ASSOCIATION Dear Member: DIRECTIVE 2009/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF APRIL 23, 2009 ON THE INSURANCE OF SHIPOWNERS FOR MARITIME CLAIMS (INSURANCE DIRECTIVE) Members have previously been advised, in Circular No. 16/09 of June 11, 2009, that the legislative dossiers that constitute the Third EU Maritime Safety Package (3 rd MSP) entered into force on June 17, 2009, although they will not have effect in EU Member States until they have either been implemented into the domestic law of those States (where the legislation has been agreed in the form of a Directive) or their agreed application date has passed (where the legislation has been agreed in the form of a Regulation). The Insurance Directive is one of the eight Regulations and Directives that collectively make up the 3 rd MSP and is of direct interest to the International Group of P&I Clubs (IG). It requires owners of vessels having a gross tonnage (GT) of 300 or greater to maintain insurance to cover maritime claims subject to limitation under the Protocol of 1996 to Amend the International Convention on Limitation of Liability for Maritime Claims (LLMC Protocol) and up to the relevant maximum limits laid down in it. The Directive requires that this cover be evidenced by a certificate or certificates of insurance when entering an EU port, or flying the flag of a Member State. Initial discussions with a number of EU Member States indicate that they will enforce the Directive through Port State Control and will accept a standard P&I certificate of entry carried on board vessels of 300 GT or more as evidence that the necessary insurance cover is in place under the Directive. The IG is continuing discussions with other EU Member States to ensure that they follow the same approach and that the Directive is implemented in a uniform manner across the EU. The Directive requires that the certificates issued by the insurance provider shall include the following information: (a) name of vessel, its IMO number, and port of registry; (b) shipowner’s name and principal place of business; (c) type and duration of the insurance; (d) name and principal place of business of the provider of the insurance and, where appropriate, the place of business where the insurance is established. Changes will therefore be necessary to the certificates of entry issued by IG clubs to ensure that the above mentioned information is included on the certificates in order to comply with the Directive. 2 of 2 The Directive defines the ‘shipowner’ as the registered owner of a seagoing vessel, or any other person such as the bareboat charterer who is responsible for the operation of the vessel. To ensure consistency with the approach taken by IG clubs with the financial guarantee certificates (blue cards) issued for the purposes of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention), IG clubs will insert the address of the registered office of the registered owner as the relevant address where this has already been obtained for Bunkers Convention blue cards. Member States are required to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive before January 1, 2012. The IG understands that some Member States may give effect to the Directive toward the end of the 2010-2011 policy year. In order to take account of this possibility