The Bunkers Convention will be effective in 2008
4 December 2007 No.549
This is an updated report following up our previous Circular No.01-003 of 23 July 2001 entitled "Bunker Spill Convention".
- The Bunkers Convention will enter into force on 21 November 2008
On 21 November 2007 Sierra Leone ratified the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention). With Sierra Leone's ratification the conditions for the operation of the Bunkers Convention have been fulfilled and it will enter into force on 21 November 2008. For details, please visit the following IMO website:
http://www.imo.org/Newsroom/mainframe.asp−topic_id=1472&doc_id=8756 - Outlines of the Bunkers Convention
On 23 March 2001 the Bunkers Convention was adopted to ensure adequate, prompt and effective compensation regimes for pollution damage caused by spills of bunker oil from vessels other than tankers through the following measures:- strict liability of the shipowner (registered owner, bareboat charterer, manager and operator)for all types of bunker oil pollution damage, but subject to limitation of applicable national or international regime not exceeding an amount calculated in accordance with 1976 LLMC as amended
- requirement on the registered owner of vessels over 1,000gt to maintain insurance or other financial security to cover their liability and to carry a State certificate*on board attesting such insurance coverage
- providing claimants with the right of direct action against the provider of the insurance or other financial security.
The Bunker Convention will enter into force 12 months following the date on which 18 States, including 5 States each with vessels whose combined gross tonnage is not less than 1 million GT, have ratified it. Ratifying States as of 21 November 2007 are as follows:
Bulgaria, Croatia, Cyprus, Estonia, Germany, Greece, Jamaica, Latvia, Lithuania, Luxembourg, Poland, Samoa, Sierra Leone, Singapore, Slovenia, Spain, Tonga, UK
*In case of the CLC Convention, Blue cards issued by P&I Clubs provide the basis for a State to issue the State Certificates.We will let you know about how to deal with the Certification under the Bunkers Convention in due course.