I. The text of this explanatory report does not constitute an instrument supplying an authoritative interpretation of the text of the Convention while it may well facilitate the understanding of the provisions of the Convention. The level of cover need to be equal to the limits of liability under the applicable national or international limitation regime, but in no case exceeding the quantity calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended. The Protocols to the 1969 Civil Liability Convention and the 1971 Fund Convention are adopted internationally. After that date a state will not be capable to be a party to each the 1969 and 1992 CLC.
In order to address the imbalance made by the establishment of the Supplementary Fund in between the shipping and oil industries, two voluntary agreements exactly where introduced by the International Group of P&I Clubs: the Tiny Tanker Oil Pollution Indemnification Agreement (STOPIA) 2006, and the Tanker Oil Pollution Indemnification Agreement (TOPIA) 2006, which entered into force on 20 February 2006.
B. Some 1969 CLC States have indicated that they would not insist on the carriage on board of a 1969 CLC certificate supplied that the ship carries on board a 1992 CLC certificate and a 1969 CLC blue card addressed to a 1969 flag state. In terms of the Civil Liability Convention, pollution harm involves not only harm to the environment (which covers mainly cleanup fees) but also loss of profit.
This Convention shall supersede any International Conventions in force or open for signature, ratification or accession at the date on which the Convention is opened for signature, but only to the extent that such Conventions would be in conflict with it however, nothing in this Write-up shall affect the obligations of Contracting States to non-Contracting States arising below such International Conventions.
For a description of the functioning of these agreements see: The International Regime for Compensation for Oil Pollution Harm, Explanatory note ready by the Secretariat of the International Oil Pollution Compensation Funds. The Canada Shipping Act is amended right after Canada accedes to the 1992 CLC and the 1992 IOPC Fund. Following midnight on 15 May 1998 ahead of a ship calls at a port in a state celebration to the 1969 CLC it will need to have to apply for a certificate from the ship registry of that state.…