No. 19 2014/2015 - Nairobi International Convention on the Removal of Wrecks (“WRC”)

December 2014

Dear Sirs,


Nairobi International Convention on the Removal of Wrecks (“WRC”)

Notice to Members No.14 of 2014/2015 informed Members that the Nairobi International Convention on the Removal of Wrecks (“WRC”) enters into force on 14 April 2015. 

Pursuant to Article 12 of the WRC “the registered owner of a ship of 300 gross tonnage and above and flying the flag of a State Party shall be required to maintain insurance or other financial security, such as a guarantee of a bank or similar institution, to cover liability under this Convention in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases not exceeding an amount calculated in accordance with article 6(1)(b) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended”. It is also a requirement to obtain a certificate from a WRC State Party attesting to such insurance. All International Group Clubs have agreed to issue Blue Cards so that Members may apply for a WRC certificate.  

Certificates must be obtained from the State in which a ship is flagged, providing the State is party to the Convention. Ships flagged in countries that are not parties will need to obtain a certificate from a relevant authority in a State Party. 

The Club understands that, following consultation with the International Group, the following four WRC States’ maritime authorities have on the date of publication of this Notice to Members agreed in principle to facilitate the smooth entry into force of the Convention and assist shipowners by issuing certificates to ships flagged in countries that are not party to the Convention, subject to any conditions the relevant authority may apply. 

While web links have been provided to the websites of the relevant authorities, only Germany has published specific information about applications for WRC Certificates. Members should therefore be aware that these authorities may not yet have finalised their internal procedures.    

United Kingdom - The UK Maritime and Coastguard Agency will prioritise CLC, Bunker and Athens Convention certificate renewal applications followed by new WRC certificate applications submitted by UK registered vessels; then existing MCA customers and vessels calling at UK ports; and then vessels flagged in third countries, subject to the MCA’s capacity to process applications. The Agency has advised that due to expected large volumes of applications there may be delays in processing WRC certificates. Applications should be addressed to:

Mr T Cornish

Maritime and Coastguard Agency,

Spring Place, 

105 Commercial Rd,

Southampton,

United Kingdom

SO15 1EG 

https://www.gov.uk/certificate-of-proof-of-civil-or-passenger-liability-insurance


Germany - BSH (Germany’s certificate issuing authority) has advised the International Group that they will give priority to certificates required by German flagged ships, ships calling at German Ports and ships operated by German companies. In addition they will prioritise CLC, Bunker and Athens Convention renewal certificates. WRC certificate applications can be submitted at any time between the date of this Notice to Members and the Convention’s entry into force date of 14 April. The BSH expect a large number of applications and there may be some delay in issuing certificates. Postal applications should be addressed to:

Ms G Tungler

Bundesamt Für Seeschifffahrt Und Hydrographie (BSH)

S43 Bernhard – Nocht – Str.

7820359

Hamburg

Germany 

 

Denmark - The Danish Maritime Authority (DMA) will give priority to certificates required by Danish flagged ships, ships from the Faeroe Islands, ships calling at Danish Ports and ships operated by Danish companies. Other applications will be prioritised according to DMA’s criteria for processing certificates and operational demands. DMA is likely to process certificates for CLC, Bunker and Athens certificates before processing WRC certificate applications. A dedicated email address for electronic applications has not yet been posted on the DMA website, but it is likely to follow the format in place for CLC, Bunkers and Athens. In the meantime postal applications should be addressed to:

Danish Maritime Authority

Carl Jacobsens Vej 31

2500 Valby

Denmark

www.dma.dk

 

Marshall Islands – International Registries, Inc. will give priority to certificate applications from Marshall Islands flagged ships. The International Group is aware that the Panama Ship Registry is in negotiation with the Marshall Islands with a view to issuing WRC certificates for Panamanian flagged ships. The Club advises owners with ships flagged in Panama to seek further guidance from their contacts in the Panama Ship Register before seeking to obtain certificates from other States. Certificate applications should be addressed to:   

Maritime Administrator for the Republic of the Marshall Islands 

International Registries, Inc.

Attn: Vessel Administration 

11495 Commerce Park Drive 

Reston, Virginia 20191-1506

USA

www.register-iri.com  


The current contracting States to the WRC on the date of publication of this Notice to Members are:

 

Contracting States                 Entry into force date
Bulgaria* (accession) 18 February 2012 14 April 2015
Congo (accession) 19 May 2014  14 April 2015
Denmark* (ratification) 14 April 2014  14 April 2015
Germany (ratification) 20 June 2013  14 April 2015
India (accession) 23 March 2011           14 April 2015
Iran (accession) 19 April 2011  14 April 2015
Malaysia (accession) 28 November 2013            14 April 2015
Marshall Islands* 27 October 2014  14 April 2015
Morocco (accession) 13 June 2013  14 April 2015
Nigeria (accession) 23 July 2009  14 April 2015
Palau (accession) 29 September 2011  14 April 2015
UK* (accession) 30 November 2012  14 April 2015

*denotes that the State Party has, pursuant to Article 3.2 of the Convention, extended the application of the Convention to wrecks located within its territory, including the territorial sea.

 


Yours faithfully

For: West of England Insurance Services (Luxembourg) S.A.

       (As Managers)



A Paulson

Director

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