The Bunkers Convention - FAQ's

When does it enter into force?

It applies to any occurrence on or after 21 November 2008

What is its full title?

The Convention on Civil Liability for Bunker Oil Pollution

Damage 2001 and it is enacted in the United Kingdom by The Merchant

Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006.

Why is it needed?

According to the UK P&I Club, half of all claims involving

damage by pollution involved ships not carrying oil cargo at

all.

Presently, however, there is no liability & compensation

regime for spills of bunker oil. This Convention covers oil spills

from ships other than tankers carrying bulk oil as cargo and

therefore fills the gap left by the CLC & Fund Conventions but

is a free standing instrument modelled on the above.

What are "bunkers" for the purposes of the

Convention?"

Article 1.5 defines bunkers as any hydrocarbon mineral oil,

including lubricating oil, used or intended to be used for the

operation or propulsion of the ship, and any residues of such

oil.

In what circumstances will the Convention apply?

When pollution damage by bunkers or residues are caused outside

the ship within a State party's:

Territory

Territorial Sea

Exclusive Economic Zone or equivalent area; AND

When preventive measures are taken:

ANYWHERE.

What is "pollution damage?"

Pollution damage is any loss or damage caused by the

contamination of bunkers. Where environmental damage claims are

involved it is limited to the cost of reasonable measures actually

undertaken in the reinstatement of the environment. Loss of profit

from impairment is also recoverable.

What are "preventive measures?"

Preventive measures are any reasonable measures taken to prevent

or minimise pollution damage and the costs of such measures are

recoverable even when no spill occurs provided there was a

"grave and imminent" threat of contamination. Any damage

caused by preventive measures taken is also recoverable under this

head.

Are any defences available to the

defendant?

Liability is strict but a defence may be available if it can be

demonstrated that:

The damage resulted from act of war, hostilities, civil war,

insurrection or a natural phenomenon of an exceptional, inevitable

or irresistible character

The damage was wholly caused by an act or omission done with

intent to cause damage by a 3rd party

The damage was wholly caused by the negligence or other

wrongful act of any Government or other authority responsible for

the maintenance of lights or other navigational aids in...