改变是由创新和新技术驱动的。
In the insurance sector, particularly for ports and terminals, these developments are changing the way risks are assessed by not only streamlining current service provision but allowing for greater opportunities for data collection and fraud detection - these can lead to better risk identification and mitigation.
然而，这些变化将始终伴随着不确定性和怀疑，因为保险公司导航建立责任以及如何处理风险和索赔。
Ahead of the4th annual Ports and Terminals Insurance Seminarwe spoke with Frans van Zoelen, Head of Legal at Havenbedrijf Rotterdam N.V. (Port of Rotterdam) and Chairman of the IAPH Legal Committee, about sensible and realistic risk management. In our discussion he spoke about how insurance, and insurance law, related to ports and terminals should not be viewed in isolation. Breaking down the insurance process and understanding the dynamics behind it is not only helpful, but essential.
Read the interview below.
Iain Gomersall:Ports are being challenged worldwide by demands for gains in port efficiency, increased customer responsiveness, and lower costs to move cargo through the port. How are they evolving in an increasingly competitive world, and what dynamics are in play?
Frans Van Zoelen：At the Port of Rotterdam, a high quality of port infrastructure appears to be the winning formula to increasing customer responsiveness. Safety and security are, and should be, a priority.
关于服务，我们已经看到效率增加，因为流程的数字化已经增强了信息流 - 例如，当码头墙将可用于下一艘船舶时，客户和利益相关者被告知。然后，该船只可以相应地调节其速度。
IG:港口如何扩展其服务提供，并将其带到保险公司的并发症？
"Some ports make a virtue out of this necessity and transform themselves into suppliers of digital business services."
FVZ：有两种类型的端口。有些人是纯粹的海港 - 用于装载和卸载商品或乘客 - 然后您有港口是海事和工业活动的组合。
Climate change is a unique challenge for both maritime and industrial ports. For industrial ports, this could mean that their portfolio is changing the next 10 or 20 years, for example, the throughput of crude oil and refinery activities.
Ports and terminals are looking to diversify their income by being active as consultants to other port operators or assisting in the building of a new port in a completely different part of the world.
Furthermore, ports are increasingly using digital tools to become more efficient. Some ports make a virtue out of this necessity and transform themselves into suppliers of digital business services.
For insurers it is very important to understand what is going on, and they should have a keen interest in the key drivers for vessel traffic and management, and should understand how they have changed in the last few years.
一方面，您有港口大师的监管框架。传统上，他们负责船舶的安全，进入或离开港口并执行各种主要公共任务。从港口到港口，从国家到国，可能会对责任进行监管的差异。
On the other hand, we have new technology which can steer the course of a ship. These technologies may be able to directly influence what a ship is doing, influence the choices of a ships’ master or a management behind a master. The decisions taken by the master are based on a new set of data.
重要的是,保险公司了解是谁liable for the data going through software which influences the decisions made by the operator of a vessel.
重要的是,保险公司了解是谁liable for the data going through software which influences the decisions made by the operator of a vessel. It’s also extremely important for insurers to understand the regulatory landscape too – such as the relevant conventions and law-making organizations.
该development of Maritime Autonomous Surface Ships (MASS) could end the need for a master on-board a ship. This brings some serious questions about the legalities of this under the current maritime conventions created by the IMO.
此时，IMO的成员国正在审查现行公约，了解批量是否不会妨碍现行立法。如果没有，那么应该改变什么？如果没有主人，那么这就乞求责任的问题。谁在做出决定？遥控器采取的决定是什么？如果软件正在做出决策，那么责任如何受监管？许多大师将熟悉软件及其当前支持船舶上的功能。但是，将来这看起来像什么？
If the IMO determines that a master should always be onboard a vessel, then of course that would be a hugely significant issue for MASS.
这些只是保险公司，航运公司和其他运营商需要意识到的律师的一些非常重要的问题。
IG:Increasingly, the rapid pace of innovation is driving the regulatory agenda. How are insurers staying ahead of the curve? And, how is insurance law and regulation responding to keep up?
FVZ：Insurers will more than likely have a department with some very clever people who are following the developments and they will more than likely be aware of the agenda of the IMO.
具体而言，保险公司和P＆I俱乐部将敏锐地遵循该领域的发展，以确保他们领先于曲线。
IG:Do you believe there is a necessity, or even obligation, to be insured in general?
FVZ：With regards to insurance law, there are few laws under which one is obliged to insure against certain types of risks. There is a freedom to be insured, or not to be insured.
On IMO level too, there are no rules which state that one must insure maritime liability in general. While we do have the Guidelines on Shipowners responsibilities in respect of maritime claims (IMO-resolution A.898(21)), these are only recommendations.
这个观点是,因为伟大的工作majority of the fleet is connected to a P&I Club. The issue is not so much that ships are not insured, but more that they are creditworthy to have P&I-coverage when an issue arises.
关于特定负债，我们多年来取得了巨大的进展。确保特定负债的义务嵌入特定的公约;民事责任公约（CLC）是内罗毕国际关于删除残骸的公约，“荒地公约”和“关于运输危险和有害物质（2010 HNS议定书”）的HNS公约。这是一种强制保险的形式，直接访问保险公司，如果责任方没有信誉，这是非常有帮助的。
In modern economical terms, pooling risks in this manner and sharing financial burdens generates significant amounts of coverage at relatively low cost to the industry.
In my view, these conventions are very precious achievements of the Member States of IMO. In modern economical terms, pooling risks in this manner and sharing financial burdens generates significant amounts of coverage at relatively low cost to the industry. At the same time, it is crucial these rules have alignment globally - which is essential for a global industry such as shipping.
In conclusion, I would mention that the 2010 HNS Protocol still lacks enough ratifications to be entered into force. For the protection of the financial interests of ports and terminals operators, in case of damage caused by hazardous and/or noxious cargo on board of a vessel, it is vital that enough ratifications are collected to have this convention operational.
IG:许多企业和组织正在担任高风险创新作为战略 - 即使他们超出现有规定的范围。鹿特丹港的港口如何管理风险，同时仍然侧重于创新，数字发展和能源转型？
FVZ：With regards to risk management, a process whereby risks encountered in every business segment are analyzed is in place. When there is a red flag the issue will be analysed in greater detail.
关于申请规则和规定，合规系统是有益的。
IG:海湾上升的紧张局势和四个油轮的轰炸可能导致战争危险溢价激增。在从中东收到或发送船舶的港口和终端可能会施加什么压力？
FVZ：很难说风险概况是否会保持不变。对于所有者或运营商来说，它可能意味着他们支付的保费将上升。它可能会影响原油价格，但这并不是对港口或终端产生直接影响的东西。这将是船只的运营商，P＆I俱乐部，贸易商和炼油公司的操作员。
IG:Climate change and rising sea levels. How can you insure a port if it might be underwater in 20 years?
FVZ：That's a very interesting question, and one we are dealing with now. While this is something which we don’t see happening in the next year, it is something we foresee in the next 10 to 20 years. We will thoroughly investigate the effects of rising sea levels and what we must construct, if we must construct something.
如果有培养红旗的区域，我们将从技术角度调查它们。它可能意味着我们建造码头墙壁或机械堤，这将在海拔高于临界水平的时刻上升。
这是对我们来说非常重要的事情。
To answer your question on whether we will have to insure a port area, a big port - like the Port of Rotterdam - can absorb a lot of risks. A big port can have a long balance sheet with healthy ratios and cash-flows, hence for a big port it won’t automatically look to insure this type of risk.
At this moment of time, there are very few products available for insuring this type of risk. If this becomes a more common risk, then maybe an insurance product will be created for this type of problem. Again, here it might pay off as well pooling risks together in order to reduce costs of the port and terminal industry.
Smaller ports run a very real risk of interruption, and a ship blockade or flooding of the port could be business critical.
Smaller ports run a very real risk of interruption, and a ship blockade or flooding of the port could be business critical. Bigger ports have many basins which create cash-flow, but if you only have 1 or 3 basins and something happens, then you are in big trouble.
IG:较小的港口，没有大法律团队的港口如何与这一级别的复杂合法细节保持联系？
FVZ：Quite a lot of ports are members of the International Association of Ports and Harbors (IAPH). In the technical committees, for example the Legal Committee, information and best practices are shared. We also have a manual called theIntroduction to Maritime Law for Ports Officials, which is an up-to-date source of information which members can refer to.
As a consequence of the IAPH undergoing a modernization process and providing this added value, we have seen the membership grow. Basically, because the sharing of information and best practices is valued by the members and leads to sensible risk aversity and safer operations.
作为IAPH的成员应该给港口的特权，以减少他们的保险费！
有兴趣了解更多关于港口的责任以及如何处理风险和索赔的责任？现在预订for the4th annual Ports and Terminals Insurance Seminar, 11-12 June 2019, in London.
该2天研讨会提供有关如何通过一系列互动和实用会议托管您的港口或终端所需的港口或终端所需的港口或终端所需的详细指导。
