News

Establishment and amendment of Special Clauses

8 February 2006 No.05-014

This is to inform Members of the establishment of and amendments to the following Special Clauses which shall apply for 2006/7 policy year.



1. Establishment of TANKER OIL POLLUTION INDEMNIFICATION AGREEMENT (TOPIA) CLAUSE

 

As a consequence of the approval of the Tanker Oil Pollution Indemnification Agreement (TOPIA) which will apply from the commencement of the 2006/7 policy year, the attached Special Clause has been formulated. For further information, please see our Circular to the Members dated 7 February 2006 (No.05-013), entitled "Small Tanker Oil Pollution Indemnification Agreement 2006 (STOPIA 2006) Clause & Tanker Oil Pollution Indemnification Agreement (TOPIA)".

 

 

2. Amendment of SMALL TANKER OIL POLLUTION INDEMNIFICATION AGREEMENT (STOPIA)CLAUSE

In light of the fact that STOPIA 2006 will operate from the commencement of the 2006/7 policy year and that the existing STOPIA will be terminated, amendments have been made to the existing STOPIA clause to reflect the new STOPIA 2006 Agreement. For further information on the STOPIA 2006, please see the Circular dated 7 February 2006 (No.05- 013).

 

3. Amendment of P&I WAR RISKS CLAUSE

In accordance with a consensus within the International Group of P&I Clubs, the P&I War Risks Clause has been amended to exclude liabilities which the Member may incur under TOPIA.

 

4. Amendment of SPECIAL CLAUSE FOR PAYMENT OF CALLS OR PREMIUMS BY INDEPENDENT ADMINISTRATIVE INSTITUTE OR NATIONAL UNIVERSITY CORPORATION

This amendment has been formulated to enable the Association to apply the clause to local authorities and local public enterprises in addition to the Independent Administrative Institute and National University Corporation.

 


 

 

TANKER OIL POLLUTION INDEMNIFICATION AGREEMENT (TOPIA) CLAUSE

 

A Member insured in respect of a ship which is a "relevant ship" as defined in the Tanker Oil Pollution Indemnification Agreement (TOPIA) shall,unless the Association otherwise agrees in writing, be a party to TOPIA for the period of entry of that ship in the Association.

 

Unless the Association has agreed in writing or unless the Association in its discretion otherwise determines, there is no cover under the Rule 25 of the Association in respect of such a ship so long as that Member is not a party to TOPIA.

 

The proviso prescribed in the Rule 35.1 (2) is applicable to TOPIA.