War and Terrorism Bunker Convention

CIRCULATED TO ALL MEMBERS, BROKERS AND DIRECTORS

Members of the P&I Class are referred to the Club Circular dated 6 May 2008 which notified Members of the entry into force of the International Convention on Civil Liability for Bunker Oil Pollution 2001 (“The Bunker Convention”).

Exercising their powers under the Articles of Association and following agreement between the International Group of P&I Clubs to provide certification and to pool liabilities under the Bunker Convention, the Directors passed the following Ordinary Resolution on the 20 May 2008.

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“The exclusion contained in Rule 24[1] [War Risks] shall not apply to liabilities, costs and expenses of a Member insofar only as they are discharged by the Association on behalf of the Members pursuant to a demand made under a certificate issued by the Association in compliance with the International Convention on Civil Liability for Bunker Oil Pollution 2001 (the “Bunker Convention”).

PROVIDED ALWAYS THAT:

Where any such certificate is provided by the Association on behalf of the Member, the Member agrees that where any payment by the Association under the certificate is in respect of war risks, the Member shall indemnify the Association to the extent that such payment is recoverable under the Member’s P&I war risks policy or would have been recoverable if the Member had maintained and complied with the terms and conditions of a standard P&I war risks insurance policy, and that there shall be assigned to the Association all the rights of the Members under such Insurance and against any third party.”

Unquote

Members should note that as of the date of the Ordinary Resolution (20 May 2008), the P&I Rules of Association and their terms of entry are hereby amended.

MJ C SALTHOUSE

DIRECTOR – North Insurance Management Limited

As Managers on behalf of the North of England P&I Association Limited