Echr Weblog

Civil Liability ConventionShipowner” implies the owner, like the registered owner, bareboat charterer, manager and operator of the ship. Rights to compensation beneath this Convention shall be extinguished unless an action is brought thereunder within three years from the date when the damage occurred. A list of States which will be parties to the 1992 CLC as from midnight on 15 May well 1998 is attached as Annex 1. A list of States which will be parties to the 1969 CLC as from midnight on 15 Might is attached as Annex 2. Once this certificate has been obtained it can be retained on board for use in the course of calls to any 1969 CLC states for the remainder of the policy year.

B. States parties to the 1969 CLC continue the established practice of issuing 1969 CLC certificates to ships flying the flag of non-party States and accept such certificates issued by other States parties to the 1969 CLC. Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention demands the certificate to specify the period of validity of the certificate. A certificate issued for the ship, for the purposes of Write-up 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

B. that, exactly where legally attainable in accordance with their national law, States Parties to the 1969 CLC accept CLC certificates issued by State Parties to the 1992 CLC as proof that a ship has insurance cover as necessary by the 1969 CLC. Note: The limits of liability below the various regimes are primarily based on specified units of account (Particular Drawing Proper – SDR). Size is not relevant nor is there any provision in the Convention, as there is in some other conventions, such as the LLMC Convention in its art. Those Parties that have not ratified the 1992 regime are nonetheless viewed as Parties to CLC 1969.

The Convention entitles claimants to compensation for loss or damage to persons, property and the atmosphere brought on by incidents involving cargoes of oil, gases and chemical substances, plus other substances which are hazardous in packaged type. No claim for compensation for pollution harm shall be made against the shipowner otherwise than in accordance with this Convention. It will be essential when calling at these countries for ships to have on board a 1969 CLC certificate.

The text of the 1992 Conventions and Supplementary Fund Protocol is offered on the internet site of the International Oil Pollution Compensation Funds. The shipowner is commonly entitled to limit his liability to an quantity determined by the size of the ship, as set out in the following table. If the state was celebration only to the 1969 CLC, a certificate was issued covering 1969 CLC liabilities only.