Instructions for application for the certificate of insurance or any other financial security in respect of liability for bunker oil pollution damage
The certificate of insurance or any other financial security in respect of liability for bunker oil pollution damage (hereinafter “Certificate”) shall be issued on the basis of Regulation No. 69 of the Minister of Economic Affairs and Communications of 25 July 2008 (RTL 2008, 65, 930) enacted pursuant to §3 (2) of the Accession to the International Convention On Civil Liability For Bunker Oil Pollution Damage 2001 (hereinafter “Bunker Oil Convention”) Act (RTII 2006, 14, 38). In accordance with paragraph 1 of Article 3 of the Bunker Oil Convention, the shipowner shall be liable for pollution damage caused by any bunker oil on board or originating from the ship (any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil).
Liability insurance or any other security shall cover the full liability for pollution damage of a registered shipowner, but the shipowner may limit its liability to the extent stipulated in the 1976 Convention on Limitation of Liability for Maritime Claims, as amended (hereinafter “LLMC Convention”, RTII, 2002, 20, 88). The limit of liability has been established on the basis of the gross tonnage of ships pursuant to paragraph 1(b) of Article 6 of the LLMC Convention.
An application shall be submitted to the Estonian Maritime Administration, giving the following information:
1) name of ship,
2) identification number or call sign,
3) IMO number,
4) gross tonnage,
5) port of registry,
6) name and address of shipowner,
7) insurance contract or proof of some other financial security (e.g. bank guarantee),
8) upon application for a Certificate for a ship flying the flag of a non-State Party, a tonnage certificate is required.
THE FORM FOR APPLICATION FOR THE CERTIFICATE
The completed form may be:
A ship flying a foreign flag shall provide information about the approximate time of arrival at an Estonian port.
The Estonian Maritime Administration will issue the Certificate or make the decision to refuse its issue within three working days from the date of receipt of application. The date of receipt of application is the working day when the application containing all necessary information is received at the Estonian Maritime Administration. The Certificate will be issued by a date which does not exceed the validity period of the insurance contract or any other financial security.
Insurance contract e.g. Certificate of Entry, is relevant for the first time issue of the Certificate for indicating a satisfying insurance amount under the LLMC Convention for the particular ship. Any further annual issue of the Bunkers Certificate for the particular ship will be based on the Blue Card itself.
The Estonian Maritime Administration is not obliged to issue the Certificate if:
1) the shipowner does not submit the insurance contract, bank guarantee or P&I Club certificate (Blue Card), which comply with the provisions of the Bunker Oil Convention and permit compensation in respect of the damage resulting from the escape or discharge of bunker oil, or
2) the value of the security provided is less than the limit established in paragraph 1 of Article 7 of the Bunker Oil Convention (paragraph 1(b) of Article 6 of LLMC Convention), or
3) the ship flies the flag of a State Party (Article 7).
A state fee (including a formalisation fee) shall be paid for the issue of the Certificate. The Certificate will be issued by the Ship Supervision Department.
NB! The Certificate will be delivered against a signature after the hard copy of a certificate or duly electronically (digitally) signed insurance evidence has been provided attesting that insurance or some other financial security is in force.
The application for the Certificate containing the required information may be submitted by post, fax, e-mail (digitally signed, in the .ddoc format) or brought personally to the secretary of the Estonian Maritime Administration at the following address:
Lume 9, 10416 Tallinn.
Mon–Thu 8.00-12; 13-17
Fri 8.00-12; 13-16
FAX: +372 6205 706
Sulev Lõhmus, phone +372 620 5729, email@example.com
Convention on Limitation of Liability for Maritime Claims, 1976:
International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001: