Introduction
of Compulsory Insurance Requirement for No-tanker
Ships
International and Seculity Policy Office
General
Affairs Division Maritime Bureau
TEL
03-5253-8111 (Extension 43-268)
03-5253-8616
(Direct)
○The Ministry of Land, Infrastructure and Transport (MLIT) has added on a new insurer to the Designated Insurer on December.26.2007. →Click here!
○The Ministry of Land, Infrastructure and Transport (MLIT) has added on a new insurer to the Designated Insurer on September.27.2007.
○Provisions for The Designated Insurer designated by Ministor of Land, Infrastructure and Transport based on Article 39-7 Section 3 have Changed →For details of provisions, Click here!.
○The Ministry of Land, Infrastructure and Transport (MLIT) has added on a new insurer to the Designated Insurer on Feb.14.2007.
○The minimum
limit of
liability will be raised due to activate the Convention(96LLMC) from
next
August 2006.
→For details, Click here!
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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 or any Designated Sea Area*
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.
*Designated Sea Area means
(Brochure)
(Law and ordinances)( Japanese texts are as foiiows..)
○ 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
(English text as follows only law is available.)
○ Law on Liability for Pollution Damage,1975
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 Ship owner)
and
- The limit of liability for claims for material damage (Article 7, paragraph 1, sub-paragraph 1 of the Law on Liability Limitation of Ship owner)
Note: The Law on Liability Limitation of the ship owner 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 ship owner 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 ship owner 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. The provisions for this Designated Insurer are as follows. For detail of provisions → Click here!.
(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
※When your certificate
is expired or invalid, it must be returned to your convenience local
office as
below.
【How to】
By direct mail or hand to hand.
(Application Forms)
○ Form No.6 with Chinese translation
○ Form No.6 with English translation
○ Form No.6 with Korean translation
○ Form No.6 with Russian translation
Note: The application form with
Chinese, Korean, or Russian 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
Chinese, Korean, or Russian 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, Ship owner or the agent of the captain or the ship owner
○ 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.
【Inspection】
Government
officers including PSC officers may board the ship
to inspect relevant certificate. In such a case, the captain and/or
crews must
follow their instructions.
【Order】
The order to
establish the financial security or detention
order, if necessary, would be issued to the captain and/or the
shipowner in the
case of violation of the law.
【Penalties】
The penalties
are applied for following cases.
-
enter the port without maintaining appropriate insurance cover or other
financial security
(penal servitude for a term not exceeding one
year or a fine not exceeding 500,000 yen)
-
be issued or reissued the certificate by false applicant
(penal
servitude for
a term not exceeding one year or a fine not exceeding 500,000 yen)
-
enter the port without carrying relevant certificates on
board
(a fine not
exceeding 300,000)
-
enter the port without reporting or report false information
(a fine not exceeding
300,000)
-
refuse to answer to inquiries by government officers or make
false representations to government officers
(a fine not exceeding 300,000)
-
your certificate is not returned to local office even if your
certificate is expired or invalid
- Other
cases provided by the law
６. 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 |
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■ 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 |
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E-mail:
maritime@mlit.go.jp |
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■ District
Transport Bureau (Regional Office) |
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Hokkaido
District; Ship
Safety and Maritime Environment Division, Maritime Safety and
Environment Department |
+81-134-27-7181 |
+81-134-23-4221 |
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Tohoku
District; Ship
Safety and Maritime Environment Division, Maritime Safety and
Environment Department |
+81-22-791-7516 |
+81-22-299-8884 |
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Kanto
District; General
Affairs Division, Maritime Safety and Environment Department |
+81-45-211-7222 |
+81-45-662-6192 |
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Hokuriku
Shinetsu District; Ship
Safety and Maritime Environment Division, Maritime Safety and
Environment Department |
+81-25-244-6113 |
+81-25-248-7271 |
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Chubu
District; Ship
Safety and Maritime Environment Division, Maritime Safety and
Environment Department |
+81-52-952-8021 |
+81-52-952-8083 |
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Kinki
District; General
Affairs Division, Maritime Safety and Environment Department |
+81-6-6949-6423 |
+81-6-6949-6528 |
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Kobe
District; Ship
Safety and Maritime Environment Division, Maritime Safety and
Environment Department |
+81-78-321-7054 |
+81-78-321-0966 |
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Chugoku
District; Ship
Safety and Maritime Environment Division, Maritime Safety and
Environment Department |
+81-82-228-8794 |
+81-82-228-3468 |
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Shikoku
District; Ship
Safety and Maritime Environment Division, Maritime Safety and
Environment Department |
+81-87-825-1189 |
+81-87-821-5732 |
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Kyushu
District; General
Affairs Division, Maritime Safety and Environment Department |
+81-092-472-3173
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+81-092-472-3305
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Ship
and Seafarer Division, Transport Department |
+81-98-866-1838
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+81-98-860-2280
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