1 HNSC: Insurers and Insurance Certificates Professor Erik Røsæg Scandinavian Institute of Maritime Law, Oslo Tel folk.uio.no/erikro

2 Outline of the insurance provisions Certificates for all ships Scope of cover liability of the owner except wilful misconduct etc Direct action in certain jurisdictions (art 38) Alternative security Issuing state

3 Insurance capacity

4 Issue of certificates Authorties Public Private Foreign vessels Fees Information! Authority registration number

5 The certificate Form Information in the certificate English, Spanish or French Equasis, etc

6 Consideration of the application Burden of proof (national law?) Does the undertaking cover all obligations required by HNSC? Does the insurer have the financial capability necessary for his undertaking? Will the insurer have sufficient funds available in a State Party when a claim is made? International information system

7 Implementation A legal basis Penal sanctions Control authority Inspection procedures

8 Control procedures Registers Port state control targeting inspection Details on entering territorial waters Details in notice to ports

9 National adaptations HNS insurance for all cargo ships? Burden of proof concerning HNS cargo?

10 Summary Certificate requirement Legal basis & sanctions Organize issuance Control measures Legal basis Organization & routines for random checks HNS Fund list on insurers Registration of authority to issue certificates Equasis, etc.

11 Collision Convention

12 Collision Convention Fund Shipowner

13 HNSC & FUNDC because the damage exceeds the owner's liability under the terms of chapter II because the damage exceeds the owner's liability under the Liability Convention as limited pursuant to article V, paragraph 1 of that Convention or under the terms of any other international Convention in force or open for signature, ratification or accession at the date of this Convention