Single model insurance certificate to be developed
The Legal Committee at its 93rd session requested the IMO Secretariat to prepare a model insurance certificate, which may be issued by States Parties in respect of each and every ship under the relevant IMO conventions, for consideration at its 94th session. 

The decision followed the adoption of a resolution at the Conference, in May this year, that adopted the Nairobi International Convention on the Removal of Wrecks, 2007, inviting IMO, specifically the Legal Committee, to develop a model for such a single insurance certificate.

The resolution also urged Member States to ensure the entry into force of liability and compensation conventions which have yet to be ratified by sufficient numbers of States, namely the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the HNS Convention), the International  Convention on Civil Liability  for Bunker Oil Pollution Damage, 2001, and the Protocol to the Athens Convention  Relating  to the Carriage of Passengers and their Luggage by Sea, 2002. 

Seafarers’ issues – work continues
The Committee continued its revision of the implementation of three sets of  IMO-ILO Guidelines, namely on Claims for Death and Personal Injury, Abandonment, and Fair Treatment of Seafarers. The first two sets of guidelines were elaborated by the Joint IMO/ILO Ad Hoc Expert Working Group on Liability and Compensation regarding Claims for Death, Personal Injury and Abandonment of Seafarers and adopted in 2001. The Committee noted with thanks the offer made by the representative of ILO to host the eight meeting of the Group at its premises in Geneva, in view of the ongoing refurbishment of the IMO Headquarters. The meeting will continue with its monitoring of the implementation of both sets of guidelines. 

The Committee also considered issues related to the implementation  of the Guidelines on Fair Treatment of Seafarers adopted in 2006, and agreed that it would be appropriate to gain experience with the current Guidelines before considering any revisions.  It was suggested that the Guidelines be widely disseminated and their application encouraged.  In this regard, the Committee agreed that the Joint IMO/ILO Working Group should be reconvened to monitor the implementation of the Guidelines on the basis of the terms of reference approved by the ILO Governing Body, including the addition concerning the collection of information. 

Review of HNS Convention continues
The Committee reviewed the status of the HNS Convention. The International Oil Pollution Compensation Funds advised the Committee that the Funds’ Assembly, at its twelfth session (15 to 19 October 2007), had decided to establish an HNS Focus Group to develop a draft protocol which would provide legally binding solutions to the issues preventing entry into force, namely, contributions to the LNG account; the concept of receiver; and the non‑submission of reports on contributing cargo.   The Committee expressed its readiness to consider any proposals based on the outcome of the deliberations of the Focus Group.

The HNS Convention currently has nine Contracting States. Entry into force will occur 18 months after 12 States have accepted the Convention, four of which have not less than two million units of gross tonnage, provided that persons in these States who would be responsible to pay contributions to the general account have received a total quantity of at least 40 million tonnes of contributing cargo in the preceding calendar year. States are obliged, pursuant to Article 43 of the Convention, to submit information on contributing cargo received, or, in the case of LNG, discharged in that State, when depositing their instruments of ratification or acceptance with the Secretary-General, and annually thereafter, until the Convention has entered into force.

Legal committee celebrates its fortieth anniversary in Panama
The 93rd session of the Legal Committee became the first regular session of a standing IMO Committee being held in Latin America. The session, held in Panama City also marked the fortieth anniversary of the Legal Committee which held its first session in July 1967 to consider legal matters arising out of the grounding of the Torrey Canyon oil tanker. 

In his opening speech, the Secretary-General noted the main achievements of the Legal Committee since then, notably the successful development of liability and compensation treaties to cover pollution damage caused by the spillage of oil and other hazardous and noxious substances at sea.