2012 008 India – New PI Regulations
2012年4月20日，印度航运部颁布了一项有关船舶进入港口、锚地和海上设施的新条例。强制要求所有300总吨或以上的船舶，在驶入或驶出印度领水的港口、码头、锚地或寻求印度港口设施或印度海上设施时，具备有效的船舶保赔险证书和船级证书。目前，该条例咨询期满，正式开始生效。条例定义保赔险为，”由13大保赔协会或其他经印度政府授权的保险公司提供” 。
条例将”经营人” 这一术语定义为，”船东，或经授权代表船东经营船舶的任何组织或者个人” 。据印度当地通代(P&I Services Pvt. Ltd)的报告，协会认为，程租和期租的租家都不属于定义中所说的经营人。因此，严格来说，仅船东（或光租租家）需要遵守该条例。
据协会通代的消息，目前，British Marine和Navigators等知名保赔险保险人提供的保单是否可以获得印度政府批准，仍需视个案具体情况而定。但是，有望于2012年第三季度加入到被批准的保险人清单中。协会建议被保险人，如果有船舶前往印度，需检查所租船舶的船级和保赔险是否符合印度政府的要求，以避免产生迟延或罚款。
协会特起草了相关租约条款，规定由于没有遵守条例产生迟延等的后果由船东承担，被保险人可以将其加入租约中。该条款同时适用于期租及程租，具体内容如下：
“Owners warrant that throughout the currency of this charter they will comply with all applicable regulations in India including Regulation of Entry of Ships into Ports, Anchorages and Offshore facilities and therefore that from 20 April 2012 Owners will keep on board a valid and original Certificate of Class as well as a valid and original or certified copy of a Certificate of P&I Insurance fully available for inspection. Any loss, damage, liability or expense following a breach of this warranty will be for the strict account of the Owners including any loss of time thereof (whether as hire or as laytime/demurrage as applicable).”
详细信息请参阅附件。
India – New Government Regulation on P&I and Class Certification
The Indian Ministry of Shipping has enacted a new Regulation concerning the Entry of Ships into Ports, Anchorages and Offshore facilities (the “Regulation” ) setting out new Rules which were published on 20 April 2012 , that make it compulsory for any vessel of 300 tons gross or more entering into or sailing out of ports, terminals, anchorages or seeking port facilities or Indian Offshore facilities in Indian Territorial waters to be in possession of valid P&I and Class Certificates. The Regulation is now in force as the consultation period expired recently. P&I Insurance is defined as that provided by members of the International Group (IG) or such other insurance company as authorised by the Government of India.
As stated above, the term “Operator” has been defined by the Regulation as “the owner of the ship or any other organisation or any person authorised on his behalf for the operation of the ship” . Our understanding through our local correspondents in India, P&I Services Pvt. Ltd., is that neither voyage nor time charterers fall within the scope of the definition of Operator. It is therefore strictly upon the Owners (or bareboat Charterers) to comply with the Regulation.
P&I Services have advised us that other reputable P&I Insurers such as British Marine and Navigators are currently being approved on a case by case basis however it is hoped that they will be added to the approved list during the third quarter of 2012. Assureds trading to India in the future are recommended to check the Class and P&I of vessels they are chartering meet the requirements of the Indian Government to avoid delays or fines.
We have drafted a clause for Assureds to include in their charterparties expressly placing on the Owners the consequences of non compliance with the Regulation including delay to the vessel. The following clause is suitable for both time and voyage charters :
“Owners warrant that throughout the currency of this charter they will comply with all applicable regulations in India including Regulation of Entry of Ships into Ports, Anchorages and Offshore facilities and therefore that from 20 April 2012 Owners will keep on board a valid and original Certificate of Class as well as a valid and original or certified copy of a Certificate of P&I Insurance fully available for inspection. Any loss, damage, liability or expense following a breach of this warranty will be for the strict account of the Owners including any loss of time thereof (whether as hire or as laytime/demurrage as applicable).”
See attached file :2012 008 India – New PI Regulations.pdf
