EMSA THETIS helpdesk
EMSA THETIS helpdesk
EMSA THETIS helpdesk
Directive 2009/20/EC on the insurance of shipowners for maritime claims forces that all ships under the flag of a Member State as well as all other ships have an insurance cover for maritime claims as specified in the Limited Liability Convention 1996.
Directive 2009/20/EC focusses on the availability of a certificate to prove the presence of coverage for maritime claims. The inspection is delegated to Port State Control, but it also prescribes refusal of access of ships to ports in case of absence of said certificate.
The data therefore relates to the availability of the certificate (Y/N) and more importantly to any action taken by the competent authorities.
The legal basis for the inspections and recording under PSC sits in Article 5. This Article includes actions which a coastal State may have to take in case the absence of a certificate is detected pre-entry.
The data focusses on the availability of a certificate to prove coverage by insurance against maritime claims, but does not look at the exact detail of the terms and conditions. This is to be monitored by the issuing entity.
Actions taken by the inspecting authority are prescribed by the Directive and enforced by Port State Control. Actions taken are an integral part of the dataset.
THETIS serves the enforcement of the Insurance Directive through PSC. This is a web-based application funded by the Commission, managed, operated and hosted by EMSA for and on behalf of all EU Port States. All inspection data is stored centrally. Noting that not all EU ships are inspected annually, it cannot be concluded at random that all ships have a (valid) certificate.
The system:
Inspection information regarding PSC inspections is available and searchable for consultation on a public site. However, noting that the Insurance Directive has no publication requirement, the (non) availability of the certificate is not published.
Access to data and the system is divided in two distinct methods:
In the absence of a legalised Committee, requests for data shall be directed at the Commission, DG MOVE.