At present, 125 member states have signed up to this convention, with the notable exception of the usa see comments below. The convention requires the owner of a ship registered in a clc contracting state1 and carrying more than 2,000 tons of oil in bulk as cargo to maintain insurance cover in accordance with the requirements of the convention, which is. In order to ensure worldwide trading it has been necessary for ships to. Clc civil liability convention 1992 tankers pal athens protocol 2002 and regulation ec 3922009. Clc 1992 convention, the wet aansprakelijkheid olietankschepen acronym. Brother martin was elected an executive vicepresident of the canadian labour congress clc in 1984, and subsquently reelected in that position until his election as secretarytreasurer in 1992. Every day thousands of users submit information to us about which programs they use to open specific types of files. A decree to incorporate the international convention on. Marpol international convention for the prevention of pollution from ships, 1973, and its amendments by the protocol of 1978. Clc 1992 draft international maritime law institute. Liability and compensation the international regime. This is to certify that there is in force in respect of the abovenamed ship a policy of insurance or other financial security satisfying the requirements of article vii of the international convention on civil liability for oil pollution damage, 1969.
However, the proliferation of offshore oil and gas installations portends a marked increase in oil spills from these sources. Russianregistered small tanker breaks apart in a storm in kerch strait spills 1 2002 000 tonnes of fuel oil 50 km of shorelines in russian federation and ukraine affected. Apr 17, 2014 application for a united kingdom compulsory insurance certificate msf 3241 rev1118. This old regime was amended in 1992 by two protocols, and the amended conventions are known as the 1992 civil liability convention and the 1992 fund convention. Bclc and the international convention on civil liability for oil pollution damage 1992 clc. Elections for the council take place every three years. The individual links a habitual residence or principal place of business of the claimant b claims arising in the country in which the arrest is made. Marine oil spill accidents have long been caused by ship collisions. By issuing a clc under the 1992 liability convention, the federal maritime and hydrographic agency, bsh confirms that the relevant insurance or other financial security is in place. International convention on civil liability for oil pollution damage, 1992 clc 1992 1 introduction.
Special trade passenger ships agreement, 1971 stp 1971 in force. The convention requires the owner of a ship registered in a clc contracting state1 and carrying more than 2,000 tons of oil in bulk as cargo to maintain insurance cover in accordance with the requirements of the convention, which is evidenced by the blue card issued by the club. Clc convention first came into existence in 1969 and was called clc 69. Litigation netherlands author onus on party seeking. International documents on environmental liability. Recent developments in oil spill compensation regime and. Clc 1969, as amended international convention on civil liability for oil pollution damage, 1969, and its amendments by the protocol of 1992. Mauritania has acceded to the 1992 clc and the 1992 fund convention with effect from 4 may 20 and has denounced the 1969. International convention on the establishment of an international. The basel convention on the control of 39 transboundary movements of hazardous wastes and their disposal 2. Church of the lutheran confession p r o c e e d i n g s of the thirtyfirst convention god our savior desires all men to be saved. Civil liability convention while a certified vessel is within the jurisdiction of such state.
The waot contains the most literal translation possible of the relevant substantial provisions clc 1992. The enhanced online facility is available to owners of liberian flagged ships as well as owners of ships registered in non convention states that need to obtain the wrc, bclc andor clc liability certificates. Protocol means the protocols of 1976 and 1992 in connection with the convention of 1969. Liability and compensation for oil pollution damage iopc funds. He retired from that position at the clcs 1997 convention.
International convention on civil liability for oil. Protocol of 1992 to amend the international convention on civil liability for oil pollution damage, 1969 clc prot 1992 in force. While we do not yet have a description of the clc file format and what it is normally used for, we do know which programs are known to open these files. This means that he is liable even in the absence of fault on his part. Clc is the short form for international convention on civil liability for oil. Under this convention, the registered shipowner has strict liability for pollution damage caused by the escape or discharge of persistent oil from his ship. Liability convention 1992 clc with effect from 23 april 20. The 1992 protocol also widened the scope of the convention to cover pollution damage caused in the exclusive economic zone eez or equivalent area of a state party. In order to ensure worldwide trading it has been necessary for ships to carry on board both a 1969 and a 1992 clc certificate. The llmc stipulates that the rules of the convention do not apply to claims for oil pollution damage within the meaning of the international convention on civil liability for oil pollution damage 1969 clc or of any amendment or protocol thereto. The civil liability conventions govern the liability of shipowners for oil pollution damage.
The organization shall convene a conference of contracting states for the purpose of revising or amending the 1992 liability convention at the request of not less than onethird of the contracting states. The convention does not set any limits on its duration. April 6, 1992 the 54th annual convention of the communications workers of america, held at the miami beach convention center, miami beach, florida, beginning april 6,1992, convened at nine oclock, a. The enhanced online facility is available to owners of liberian flagged ships as well as owners of ships registered in nonconvention states that need to obtain the wrc, bclc andor clc liability certificates. Perspectives on the availability of compensation following an. But, i felt that, after being the national president of the canadian union of postal workers cupw for fifteen years and its chief negotiator for eighteen, it. This presents a unique enforcement challenge for international and chinese domestic systems for oil pollution liability and compensation that were developed in response to the threat of shipbased oil. Clc 92 was amended in the year 2000 to increase the amount of compensation. A decree to incorporate the international convention on civil. Proceedings and index of the 54th annual convention 1992. Make sure adequate level of protection is available.
This protocol extends the application of the 1969 liability convention to include the. As at 5 february 1996, the civil liability convention had 93 contracting states, and the fund convention 68 contracting states. Litigation netherlands author onus on party seeking to. International documents on environmental liability download book pdf international documents on environmental liability pp 4153 cite as. April 6, 1992 the 54th annual convention of the communications workers of america, held at the miami beach convention center, miami beach, florida, beginning april 6, 1992, convened at nine oclock, a. Table of contents organizational and miscellaneous matters pp. Protocol of 1992 to amend the international convention on. Liability and compensation for oil spill accidents. This protocol extends the application of the 1969 liability convention to include the exclusive economic zone of a contracting state established in accordance with international law, or if a contracting state has not established such a zone, in an area beyond and adjacent to the territorial sea of that state determined by that state in accordance with international law and extending not more. The 1992 civil liability convention 1992 clc governs the liability of shipowners for oil pollution damage. Bunkers convention instructions for completing application. Canadian labour congress clc, in 1992, i knew that, if elected, i was going to leave a union that had been my life. The clc 1969, from which the clc 1992 originates, was a direct consequence of the pollution of the shores of the united kingdom and france resulting from the grounding on 18 march 1967 of the torrey canyon on pollard rock, off the english coast between the isles of scilly to the west and lands end to the east and her subsequent sinking.
References in this convention to contracting states shall be taken to mean references to the contracting states of that protocol. The central land council clc is a statutory authority set up under the aboriginal land rights act northern territory 1976 alra covering an area of 750,000 square kilometers in the southern half of the northern territory nt. How caribbean disaster managers can prepare and respond. Owners of these vessels should make other arrangements to cover their obligations if an oil spill was to occur from these vessels. Article xiiter f i n a l c l a u s e s the final clauses of this convention shall be articles 12 to 18 of the protocol of 1992 to amend the 1969 liability convention.
Both the civil liability convention and the fund convention have been amended by protocols in 1976, 1984 and 1992. Minister means the minister of communications and works. The original clc certificate issued by mpa must be retained on board the ship for survey or inspection purposes. These conventions entered into force in 1975 and 1978 respectively. Ukraine not party to 1992 conventions 1992 clc limit before november 2003 is sdr 3 million. Type of security duration of security name and address of the insurers andor guarantors name.
Perspectives on the availability of compensation following. Clc certificates 1969 and 1992 civil liability conventions. International oil pollution compensation fund 1992 and hereinafter referred to as the. Clc, clc 1992, 1992 oil pollution convention, 1992 civil liability convention. International convention on civil liability for oil pollution damage, 1992. Official publication of united firefighters oflos angeles. Establishment of an international fund for compensation for oil pollution damage 1971 fund convention. A basic and simple guide of civil liability convention 92. Party to the 1992 fund convention, a state becomes a member of the 1992 fund. The 1984 and 1992 protocols imply fundamental amendments to the conventions. Clc, clc 1992, 1992 oil pollution convention, 1992 civil. This notification shall be cited as the 1992 international convention on civil liability for oil pollution damage notification of 2008.
Instructions for completing application for certificate of insurance. The civil liability convention was adopted to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving oilcarrying ships. It is an aboriginal organisation governed by a council of 90 elected aboriginal members. A conference for the purpose of revising or amending the 1992 liability convention may be convened by the organization. Renewal certification as with the 1992 clc convention certificate, the liberian bunker clc certificates will normally be issued for a period of 12 months to cover february 20th of the current calendar year to february 20th of the following year. International convention on civil liability for oil pollution damage. November 1969 and ratified by the international convention on civil liability for oil pollution damage of 1969 and of its protocol of 1976 ratification law of 1969. Strict liability with limited shipowner defencesexceptions shipowner funded compensation up to 90 m. Where the convention applies to vessels carrying oil in the maritime transport chain, amsa may issue a clc. Winding up of the 1971 fund situation in 20 1971 fund ceased to be in force in 2002 in january 20, five incidents remained pending. Civil liability for oil pollution damage clc carrying more than 2,000 tons of oil in bulk as cargo should carry clc 92 applicable to all tankers certificates that enters or leaves the port of singapore. Convention on the prevention of marine pollution by dumping of wastes and other matter ldc, 1972 international convention on oil pollution preparedness, response and cooperation oprc,1990. The convention places the liability for such damage on the owner of the ship from which the polluting oil escaped or was discharged. Definition of a ship applicability of clc 1992 and fund.
The executive committee is made up of a member from each of the nine clc regions plus the chair and deputy. International convention on civil liability for oil pollution. An electronic clc will be obtained on application, if the ship. Implications of the united nations convention on the law of. But, i felt that, after being the national president of the canadian union of postal workers cupw for fifteen years and its chief negotiator for eighteen, it was time for me to leave my place to someone else. International convention on civil liability for bunker oil pollution. Liability and compensation for shipsource oil pollution unctad. International convention on civil liability for oil pollution damage clc. The basel protocol on liability and compensation resulting from the 38 transboundary movement of hazardous wastes and their disposal 1. The 1992 conventions entered into force on 30 may 1996. Clc, clc 1992, 1992 oil pollution convention, 1992. Application for a united kingdom compulsory insurance certificate msf 3241 rev1118. The vessel was insured with lodestar marine limited, a.
The protocol covers pollution damage as before but environmental damage compensation is limited to costs incurred for reasonable measures to reinstate the contaminated environment. Each administration will endeavour to achieve, within a period of 3 years from the coming into effect of the memorandum, an annual total of inspections. Presently, the maximum limit under clc 1992 is sdr89. The 1992 conventions provide higher limits of compensation and an enhanced scope of application. Implications of the united nations convention on the law. Status in force from 30051996 126 contracting states as at 28102011. For the last two years two separate regimes have been in force. Waot oiltankers liability act, as well as the implementation of the bunkers convention in book 8 civil code is the true basis of our reply to the questionnaire. International convention on civil liability for oil pollution damage, 1969 1992 clc 4. See the list of programs recommended by our users below. London, 27 november 1992 the parties to the present protocol, having considered the international convention on civil liability for oil pollution damage, 1969,and the 1984 protocol thereto, having noted that the 1984 protocol to that convention, which provides for improved scope and enhanced compensation, has not entered into force. Bwm convention international convention for the control and management of ships allast water and sediments chm common heritage of mankind clc convention international convention on civil liability for oil pollution damage cobalt regulations regulations on prospecting and exploration for. Request pdf on jan 1, 2008, hannes descamps and others published clc, clc 1992, 1992.
1454 1063 1563 167 219 633 146 1424 207 1015 1156 101 1089 1150 487 1133 1145 951 758 665 1426 1235 128 152 471 223 1515 910 623 533 1219 1451 154 1020 1532 980 962 236 1424 1283 26 13 1371 273 153 360 935 1263