Noord
Nederlandsche
P&I Club

Jahrgang 2021/15 Amendments to the Insured Risks, Class 1

Veröffentlicht am 18 Oktober 2021

The board has, pursuant to changes to the International Group Agreement and the reinsurance program, decided that in accordance with Article 14.2 of the Regulations the following amendments will be made to the Insured Risks, Class 1:

Amendment Rule 28: Fines

  

Existing Rule

Class 1, Rule 28: Fines

  • A.   Fines imposed on the member or upon any other person or party whom the member is legally liable to indemnify for:

    1.   Short or over-delivery of cargo;
    2.   Breach of any customs or immigration law or regulation;
    3.   An accidental escape or discharge of any substance, provided that the pollution and the event giving rise thereto are covered pursuant to the Rules of the Association.
    4.   Any other fine to the extent that:
      a.   the Board of Directors is satisfied that the member took reasonable steps to avoid the events giving rise to the fine; and
      b.   the Board of Directors decides that the member may recover, for which no reasons need be given.
  • B.   Subject to the discretion of the Board pursuant to Rule 28 A.4, there shall be no recovery under this Rule in respect of fines or penalties arising out of:

    1.   Overloading of the insured vessel;
    2.   Illegal fishing;
    3.   Personal act or default on the part of the member;
    4.   Wilful misconduct on the part of any person unless the member is compelled by law to pay the fine.
    5.   An infringement of MARPOL regulations, including but not limited to cases where the insured vessel’s oily water separator or similar pollution prevention device has been bypassed or rendered inoperable; 

Amended Rule

Class 1, Rule 28: Fines 

  • A.   Fines imposed on the member or upon any other person or party whom the member is legally liable to indemnify for:

    1.   Short or over-delivery of cargo;
    2.   Breach of any customs or immigration law or regulation;
    3.   An accidental escape or discharge of any substance, provided that the pollution and the event giving rise thereto are covered pursuant to the Rules of the Association.
    4.   Any other fine to the extent that:
      a.   the Board of Directors is satisfied that the member took reasonable steps to avoid the events giving rise to the fine; and
      b.   the Board of Directors decides that the member may recover, for which no reasons need be given.
  • B.   Subject to the discretion of the Board pursuant to Rule 28 A.4, there shall be no recovery under this Rule in respect of fines or penalties arising out of:

    1.   Overloading of the insured vessel;
    2.   Illegal fishing;
    3.   Personal act or default on the part of the member;
    4.   Wilful misconduct on the part of any person unless the member is compelled by law to pay the fine.
    5.   An infringement of MARPOL regulations, including but not limited to cases where the insured vessel’s oily water separator or similar pollution prevention device has been bypassed or rendered inoperable;
    6.   Fines or penalties arising from the smuggling of goods or cargo or any attempt thereat.

     

Amendment to Rule 54: Obligations of the member in respect of excluded risks

   

Existing Rule

Class 1, Rule 54: Obligations of the member in respect of excluded risks 

  • 54.1   Where, notwithstanding the exclusions in Rules 33, 34 and/or 35, liabilities, costs and expenses of a Member are discharged by the Association pursuant to a demand made under:

    1.   guarantee or other undertaking given by the Association to the Federal Maritime Commission under Section 2 of US Public Law 89-777; or

    2.   a certificate issued by the Association in compliance with Article VII of the International Conventions on Civil Liability for Oil Pollution Damage 1969 and 1992 or any amendments thereof; or

    3.   an undertaking given by the Association to the International Oil Pollution Compensation Fund 1992 in connection with STOPIA; or

    4.   a certificate issued by the Association in compliance with Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001; or

    5.   a certificate issued by the Association in compliance with Article 4bis of the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea 2002; or

    6.   a certificate issued by the Association in compliance with Article 12 of the Nairobi International Convention on the Removal of Wrecks 2007; or

    7.   any other guarantee, certificate or undertaking issued or given by the Association pursuant to any statute, convention, treaty or law, 

the member shall indemnify the Association to the extent that any payment under any such guarantee, undertaking or certificate in discharge of the said liabilities, costs and expenses is or would have been recoverable in whole or in part under a standard P&I war risks policy had the member complied with the terms and conditions thereof, whether or not the member as actually taken out P&I war risks cover.

Amended Rule

Class 1, Rule 54: Obligations of the member in respect of excluded risks 

  • 54.1   Where, notwithstanding the exclusions in Rules 33, 34 and/or 35, liabilities, costs and expenses of a Member are discharged by the Association pursuant to a demand made under:

    1.   guarantee or other undertaking given by the Association to the Federal Maritime Commission under Section 2 of US Public Law 89-777; or

    2.   a certificate issued by the Association in compliance with Article VII of the International Conventions on Civil Liability for Oil Pollution Damage 1969 and 1992 or any amendments thereof; or

    3.   an undertaking given by the Association to the International Oil Pollution Compensation Fund 1992 in connection with STOPIA; or

    4.   a certificate issued by the Association in compliance with Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001; or

    5.   a certificate issued by the Association in compliance with Article 4bis of the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea 2002; or

    6.   a certificate issued by the Association in compliance with Article 12 of the Nairobi International Convention on the Removal of Wrecks 2007; or

    7.   any other guarantee, certificate or undertaking issued or given by the Association pursuant to any statute, convention, treaty or law, 

the member shall indemnify the Association to the extent that any payment under any such guarantee, undertaking or certificate in discharge of the said liabilities, costs and expenses is or would have been recoverable in whole or in part under a standard P&I war risks policy had the member entered into such policy and complied with the terms and conditions thereof, whether or not the member as actually taken out P&I war risks cover. 

These amendments will come into immediate effect and shall be put to the members at the next General Meeting for definitive approval. 

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