Office of Maritime Security and Liability Accidents
General Affairs Division Maritime
Bureau
TEL 03-5253-8111 (Extension 43-268)
03-5253-8616 (Direct)
○The minimum limit of liability will be raised due to activate the Convention(96LLMC)
from next August 2006.
→For details, Click here!
○The
Ministry of Land, Infrastructure and Transport (MLIT) has implemented a new
application in relation to Designated Insurers.
→For
details, Click here!
1. Outline
Japanese
Government has amended “the Law on Liability for Oil
Pollution Damage” in order to tackle the problem of
abandoned-shipwreck in Japanese coastal waters. Under this law, conclusion of
P&I insurance will be for ships engaging international navigation. From March 1, 2005, the owner of a ship engaging international
navigation must fulfill the following requirements for entry.
- have P&I insurance for the ship
- carry the relevant certificate on board
- report the status of insurance before
entering a port
Descriptions in this page are simplified to
facilitate understanding of the regulation. Please refer to original text of
the Law and relevant ordinances for precise understanding.
(Brochure)
(Brochure (Summary)）
(Law and ordinances)(Only Japanese texts are available.)
○ Law on Liability for Oil
Pollution Damage, 1975
○
Supplementary Law on Liability for Oil Pollution
Damage, 1975
○
Government Ordinance
for Law on Liability for Oil Pollution Damage, 1975
○
Supplementary
Government Ordinance for Law on Liability for Oil Pollution Damage, 1975
○
Ministerial
Ordinance for Law on Liability for Oil Pollution Damage, 1975
○
Supplementary
Ministerial Ordinance for Law on Liability for Oil Pollution Damage, 1975
○
Forms of the Ministerial Ordinance
○
Supplementary Forms of the
Ministerial Ordinance
2. Compulsory Insurance
Compulsory
insurance requirement for non-tanker ship will be introduced from March 1,
2005. Ships that do not have P&I insurance after that date will be denied
to enter any Japanese port.
(1)Scope of Application
The new
compulsory insurance requirement applies to all ocean-going ships (excluding
oil tankers) that are of 100 gross tonnage or larger. State-owned ships are exempt
from the application of the law.
Note1: Oil
tankers are already required to have insurance under the International
Convention on Civil Liability for Oil Pollution.
Note2:The new
requirement also applies for one -way-navigation from a port in
(2)Requirement of Insurance
(i) Insurance must be provided coverage for the following risks;
- Damage caused by bunker oil pollution
and
- Expenses of removing shipwreck
(ii) Amount of the insurance coverage must be equal at least to the
sum of;
- The limit of
liability for claims for loss of life or personal injury as well as material
damage (Article 7, paragraph 1, subparagraph 2 of the Law on Liability
Limitation of Shipowner)
and
- The limit of liability for claims for material damage (Article 7,
paragraph 1, sub-paragraph 1 of the Law on Liability Limitation of Shipowner)
Note: The Law on
Liability Limitation of the shipowner is consistent with the International
Convention on Limitation of Liability for Maritime Claims, 1976 (76LLMC)
(Calculator for minimum
amount of insurance)
○ Excel
file for calculating of minimum amount of insurance for Non-tanker Ships
3. Carrying a Relevant
Certificate on Board
(1) Outline
When the ships
are visiting a Japanese port, the certificate of insurance must be on board.
The Minister of Land, Infrastructure and Transport issues the certificate in
response to the application from the shipowner or its agent. The application
for issuing the certificate will be accepted from December 1, 2004 at District
Transport Bureaus, which are the local offices of the ministry. (The
regulations about the certificate for the oil tanker are same as before.)
Please be
reminded that one month or more are required to issue the certificate of
insurance. In exception of the above, if the shipowner has concluded a contract
with an insurer(s) that is designated by the Minister of Land, Infrastructure
and Transport as P&I clubs belonged to the International Group of P&I
Clubs and etc.,（The designated insurers on compulsory insurance requirement
for non-tanker ships calling to Japanese Ports in accordance with the Article
39-7 paragraph 3 of the Law on Liability for Oil Pollution Damage）
the original or the certified copy of “the Certificate of Entry” issued by the
insurer will be accepted as a substitute for the certificate of insurance
issued by the Minister.
(2) Procedure of the
application
Please refer to the “How to apply for
Certificate of Financial Security for Non-tanker Ships”. When applying for first time, we recommend consulting with
the District Transport Bureau before the formal application is made.
○ Commencement date of reception of the application………From December
1, 2005
○ Applicant………… the person who contracts with insurance (An agent can
also apply on behalf of the applicant.)
○ Submitting Document…………The application for Issuance of Certificate
of Financial Security for Non-tanker Ships (Form No.6) AND
A Copy of the contract of financial
security AND
Certificate of the flag of ship and
tonnage AND
The document that proves the agent is
duly empowered by the applicant (Only when applying via the agent)
○ The charge for the application……… Revenue
stamps of 14,300yen value per ship must be stuck to the application form.
(There are some variations depending on the type of the application)
○ Office receiving the application……… One
of main offices of the District Transport Bureau or the Okinawa General Bureau
(Application Forms)
○ Form
No.6 with English translation
○ Form
No.6 with Chinese translation
○ Form No.6
with Korean translation
○ Form
No.6 with Russian translation
Note: The
application form with Korean, Russian or Chinese translation are non-official
and for informational use only. These forms cannot be used for official
application and translations have no legal effect on interpretation of the
form.
(How to apply for certificate of
financial security for non-tanker ships)
Note: The
application form with Korean, Russian or Chinese translation are non-official
and for informational use only. These translations have no legal effect on
interpretation of the form.
Please refer to
Japanese Version or English Version for a more exact understanding.
|
4. Report of the status of
insurance
(1) Outline
The captain or
its agent in
(2) Procedure of Reporting
○ Commencement date of
receiving of reporting …… March 1, 2005
○ Scope of Application ………. A
non-tanker Ship of 100 tonnage or larger that intends to enter any Japanese
port from the foreign port OR
A non-tanker
Ship of 100 tonnage or larger that intends to enter any Designated Sea Area
from a foreign port OR
An oil tanker
carrying more than 2000 tons of oil in bulk as cargo that intends to enter any
Japanese port from the foreign port
Note: Designated Sea Area means
○
Person who must report……… Captain,
Shipowner or the agent of the captain or the shipowner
○ The bureau to which the report must be directed …The main office of
the District Transport Bureau or Okinawa General Bureau that controls heading
port.
○ Timing of reporting ……… Report must be done at the latest by noon
on previous day which is NOT holiday of the bureau.
○ Means of reporting……… The report is received by hand, mail or fax.
(Email will not be accepted.)
Note: Report form and details of procedure will be prepared soon.
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5. Inquiry
If you have any question, please inquire one of following offices.
If you want to have consulting about procedures of the application, please ask
one of regional offices.
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Telephone |
Facsimile |
|
■ Head Office of the Ministry |
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Office of Maritime Security and Liability
for Accident, Maritime Bureau |
+81-3-5253-8616 |
+81-3-5253-1642 |
|
E-mail: maritime@mlit.go.jp |
||
|
■ District Transport Bureau (Regional Office) |
||
|
Hokkaido District; Ship Safety and Maritime Environment
Division, Maritime Safety and Environment Department |
+81-134-27-7181 |
+81-134-23-4221 |
|
Tohoku District; Ship Safety and Maritime
Environment Division, Maritime Safety and Environment Department |
+81-22-791-7516 |
+81-22-299-8884 |
|
Kanto District; General Affairs Division,
Maritime Safety and Environment Department |
+81-45-211-7222 |
+81-45-662-6192 |
|
Hokuriku Shinetsu District; Ship Safety and Maritime
Environment Division, Maritime Safety and Environment Department |
+81-25-244-6113 |
+81-25-248-7271 |
|
Chubu District; Ship Safety and Maritime
Environment Division, Maritime Safety and Environment Department |
+81-52-952-8021 |
+81-52-952-8083 |
|
Kinki District; General Affairs Division,
Maritime Safety and Environment Department |
+81-6-6949-6423 |
+81-6-6949-6528 |
|
Kobe District; Ship Safety and Maritime
Environment Division, Maritime Safety and Environment Department |
+81-78-321-7052 |
+81-78-321-0966 |
|
Chugoku District; Ship Safety and Maritime Environment
Division, Maritime Safety and Environment Department |
+81-82-228-8794 |
+81-82-228-3468 |
|
Shikoku District; Ship Safety and Maritime
Environment Division, Maritime Safety and Environment Department |
+81-87-825-1189 |
+81-87-821-5732 |
|
Kyushu District; General Affairs Division,
Maritime Safety and Environment Department |
+81-93-332-8084 |
+81-93-321-3401 |
|
Ship and Seafarer Division,
Transport Department |
+81-98-862-1454 |
+81-98-860-2369 |