The convention establishes a liability and compensation regime for spills of bunker oil 1. The convention, once ratified, will impose various burdens on nontanker vessel operators, without, it. Civil liability for bunker oil pollution damage, 2001 bunkers convention, which although modeled in the clc 1969, as amended, covers damage pollution not covered in that convention. The purpose of these guidelines is to provide states parties to the international convention on civil liability for bunker oil pollution damage, 2001 hereinafter the bunkers convention guidance for accepting blue cards or similar documentation from insurance companies. A decree to incorporate the international convention on civil. Article 7 of the international convention on civil liability for bunker oil pollution damage, 2001. Mpa through aapress release has informed the shipping community of singapores accession to the international convention on civil liability for bunker oil pollution damage, 2001 bunker convention on 31 mar 06. Download pdf 196kb the japanese diet has approved ratification of the international convention on civil liability for bunker oil pollution damage, 2001 bc. Annex international convention on civil liability for bunker. The 2001 convention united nations educational, scientific.
Implementation of the international convention on civil. International convention on civil liability for bunker oil pollution damage, 2001 that was adopted to ensure that adequate, prompt, and effective compensation is available to persons who suffer damage caused by spills of oil, when carried as fuel in ships bunkers. The convention provides a liability, compensation and compulsory insurance system for the victims of oil pollution damage caused by spills of bunker oil. At a diplomatic conference held at imo headquarters in london between monday march 19 th and friday march 23 rd 2001 the final text of a bunker pollution convention was agreed. Currently, it seems unlikely that the convention will come into force for several years at least, but the intention is for this latest convention to fill the gaps left by the earlier clcs. The international convention on civil liability for bunker oil pollution damage, 2001, bunkers convention was adopted by the international maritime organization to make shipowners strictly liable for oil pollution damage from the ship and thus ensuring that compensation is available. The legal committee is invited to take note of the information. For each ton from 2,001 to 30,000 tons, 604 sdr up from 400 sdr. The obvious primary source of law used for the preparation of this paper is the bunker convention as adopted by imo in 2001. The purpose is to adopt uniform international rules and procedures for determining questions of liability and providing adequate. A decree to incorporate the international convention on. The international convention on civil liability for bunker oil pollution damage, 2001 the bunkers convention was adopted by the international maritime organization imo in march 2001. For larger ships, the following additional amounts are used in calculating the limitation amount.
At the time of writing june 2008, other nations that have adopted the treaty are. Convention on civil liability for bunker oil pollution damage, 2001 bunker. Ratification of the bunker convention and wreck removal. International convention on civil liability for bunker oil pollution damage bunkers convention, 2001, entered into force on 21st november 2008, after sierra leone adopted it as the last of the. The limit of liability under the bunker convention for ships not exceeding 2,000 gross tonnage is 1. Under the amendments to the 1996 protocol to the llmc convention, the limits are raised as follows. The bunker pollution convention 2001 perspectives reed. The bunkers convention selected aspects of the liability. Instructions for completing application for certificate of insurance. On 21st november 2007 sierra leone became the last of the required 18 states to adopt the international convention on civil liability for bunker oil pollution damage bunker convention, 2001. Bunker convention 2001 the following pages contain information about the bunkers convention which entered into force in november 2008. Bunker oil means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues.
Outlinemembers with ships registered in states that are not parties to the bunkers convention will be able to obtain bunkers convention certificates from a state party whose ports or offshore facilities the ships are scheduled to visit, or from one of the following state parties united kingdom, liberia, cyprus, or if the owner is located or economically connected there germany. Nairobi international convention on the removal of wrecks, 2007. As with that convention, a key requirement in the bunkers convention is the need for the registered owner of a vessel to maintain compulsory insurance cover. Recalling article 194 of the united nations convention on the law of the. The bunkers convention establishes strict liability when bunker oil oil used as fuel for shipping is released into the marine environment. Convention on civil liability for bunker oil pollution damage, 2001. State contacts bunker convention certificates country authority contact details albania not required not required antigua and. This circular informs the shipping community of singapores accession to the bunker convention. The bunker pollution convention 2001 and limitation of. To adopt uniform international rules and procedures for determining questions of liability and providing adequate, prompt and effective compensation in cases of damage caused by pollution resulting from the escape or discharge of bunker oil from ships.
The need for a regime to deal with bunker oil spills was highlighted more than 5 years ago when. The bunkers convention is said to be the last missing link in an otherwise comprehensive liability and compensation system of liability for pollution from ships established by the imo. The aim of the bunkers convention is to ensure the availability of adequate, prompt and effective compensation to persons who suffer pollution damage caused by. The text of this new convention, specifically covering bunker spills, was agreed in march 2001 at an imo diplomatic conference in london. Bahamas, bulgaria, croatia, cyprus, estonia, germany, greece. Furthermore, because the bunker convention was modelled both on the civil liability convention 19691992 clc convention and on the convention on liability and. State contacts bunker convention certificates country authority contact details albania not required not required antigua and barbuda department for marine services and merchant shipping antigua and barbuda am patentbusch 4 d26125 oldenburg germany tel. The provisions of the international convention on civil liability for bunker oil pollution damage done in london on 23 march 2001 dz. Martinez gutierrez paper presented at the roundtable eu maritime policy and the northern adriatic organized by the maritime law association of slovenia mlas portoroz, slovenia 20 may 2011 drustvo za pomorsko pravo slovenije maritime law association of slovenia. Another key provision is the requirement for direct action this would allow. The convention was adopted to ensure that adequate, prompt, and effective. The following pages contain information about the bunkers convention which entered into force in november 2008. The bunkers convention was adopted by the international maritime organization imo on 23 march.
The international maritime organizations imo international convention on civil liability for bunker oil pollution damage, 2001 the bunkers convention enters into force on november 21, 2008. Bunker makes it compulsory for ships above gross tonnage, flying the flag of a state party or calling the ports of a state party, to maintain insurance or other financial security, such as the. Mar 23, 2001 the convention is modelled on the international convention on civil liability for oil pollution damage, 1969. In march 2001, the bunkers convention was adopted at a diplomatic conference at the imo. The international convention on civil liability for bunker oil pollution damage bunker is an international treaty listed and administered by the international maritime organization, signed in london on 23 march 2001 and in force generally on 21 november 2008. The convention was previously published as miscellaneous no. The bunker convention comes into force in november 2008. An introduction to the liability and compensation arrangements this paper provides a background to the hazardous and noxious substances convention 1996 the hns convention and the international convention on civil liability for bunker oil pollution damage, 2001 the bunkers convention. International convention on liability and compensation for damage in connection with the carriage of hazardous and noxious substances by sea hns, 1996 and its 2010 protocol international convention on civil liability for bunker oil pollution damage, 2001. International convention on civil liability for bunker oil pollution damage, 2001. Shipping industry flag state performance table pdf.
International convention on civil liability for bunker oil pollution damage, 2001 enter into force. The unesco convention on the protection of the underwater cultural heritage, adopted in 2001, is intended to enable states to better protect their submerged cultural heritage. Convention on civil liability for bunker oil pollution damage, 2001 hereinafter referred to as the bunkers convention, 2001 and related international conventions, and to provide the necessary knowledge and information to encourage the ratification and implementation of the bunkers convention, 2001 in the mediterranean region. International convention on civil liability for bunker oil pollution damage bunker adoption. It creates an uneasy link to limitation of liability provisions which exist in. This paper focuses on the discussion of compensation issues under the. The convention was adopted in the framework of the international maritime organisation imo, and is to. The bunker convention initiated a blue card more prominently relevant to pollution. Wreck removal convention, and amended the act on liability for oil. The international convention on civil liability for bunker oil pollution damage 2001. The scope of the convention bunker convention v civil liability convention a comparison. International convention on civil liability for oil pollution damage clc, 1969 and 1992 protocol to the international convention on the establishment of an international fund for. Increase in liability limits under the llmc and bunker convention.
In this event the shipowner will be strictly liable. Maskat, march 2019 2 not only oil as cargo is a threat to the marine environment large dry cargo vessels have large bunker tank capacity, e. December 2001 pdf version sea venture volume 20 the international convention on civil liability for bunker oil pollution damage, 2001 was adopted by imo following a diplomatic conference held in march 2001. International convention on civil liability for bunker oil pollution damage, 2001 bunkers 2001 dr. The international convention on civil liability for bunker oil pollution damage, 2001 was adopted by imo following a diplomatic conference held in march 2001. The international convention on civil liability for bunker oil pollution damage bunker is an international treaty listed and administered by the international maritime organization, signed in london on 23 march 2001 and in force generally on 21 november. Nov 20, 2012 international convention on civil liability for bunker oil pollution damage, 2001. The bunker pollution convention 2001 looks set to become widely adopted. Bunker oil pollution damage, 2001 the bunkers convention was finally adopted. Members are referred to the circulars issued on 25 april 2008, 10 july 2008, 28 august 2008 and 3 october 2008. Adoms wishes all concerned to note that the international convention on civil liability for bunker oil pollution damage, 2001 entered into force on the 21st november 2008. The bunkers convention covers all ships and the pollution. The bunkers convention was adopted on 23 march 2001 at the international maritime organization imo.
Reedsmith the bunker pollution convention 2001 probably covered under the term residues,20 though this term is not further defined. Pdf compensation issues under the bunkers convention. Reedsmith the bunker pollution convention 2001 well as a mechanism providing compensation for damage caused by bunker pollution. International convention on civil liability for bunker oil. Convention was adopted by the international maritime organization imo on 23 march. Bunker convention and the nairobi international convention on the removal of wrecks, 2007 wrc. Before entering these clauses in charterparties, members should ensure that they do have the necessary certification. Effective june 8th, 2015, the limit of liability under the bunker convention will increase by approximately 50%. Liability for bunker oil pollution damage, 2001, was adopted in march 2001 and entered into force on 21 november 2008. Information brochure on the 2001 convention pdf frequently asked questions pdf learn about the convention. Liability for bunker oil pollution damage 2001 the bunkers convention or the convention developed by the international maritime organization imo.
Tsimplis the international convention on civil liability for bunker oil pollution damage 2001 is the final piece in the puzzle of conventions concerning oil pollution from ships. International convention on civil liability for bunker oil pollution damage, 2001 the states parties to this convention, recalling article 194 of the united nations convention on the law of the sea, 19821, which provides that states shall take all measures necessary to prevent, reduce and control pollution of the marine environment. The bunker convention blue card is proof that a shipowner has insurance coverage that will. At a diplomatic conference held at imo headquarters in london between monday march 19th and friday march 23rd 2001 the final text of a bunker pollution convention was agreed. Tsimplis, the bunker pollution convention 2001 completing and. The international convention on civil liability for bunker oil pollution damage, 2001 in march 2001, the international maritime organization adopted a new international convention on liability for bunker oil pollution damage. The bunker convention blue card is issued by an insurer as proof that you have taken out insurance that will fully meet the liability claims set out in the bunker convention. Increase in liability limits under the llmc and bunker. International convention on civil liability for bunker oil pollution.
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