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Bunker Spill Convention 23 July 2001 No. 01-003 The International Maritime Organization (IMO) adopted Bunker Spill Convention ( International Convention on Civil Liability for Bunker Oil Pollution Damage ) at the Diplomatic Conference held in March 2001. The Convention had been under consideration by the Legal Committee of the IMO since 1995 for the purpose of ensuring compensation to victims of bunker spills from vessels other than tankers as those incidents often happened. The Convention provides compensation for the damage caused by bunker oil spill from vessels. Its composition is similar to the Civil Liability Convention (CLC), which governs tanker owner's liability for oil pollution damage in terms of the strict liability of shipowners, limitation of liability, compulsory insurance, and direct action against insurers. However, the Convention will not affect shipowners' right to limit their liability under the applicable conventions / laws. The Convention consists of 19 articles and an annex. The summary of the same is as follows;- 1. Shipowner ( Article 1) "Shipowner" includes the registered owner, bareboat charterer, manager and operator of the ship. 2. Pollution damage ( Article 1) "Pollution damage" means: (a) loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and (b) the costs of preventive measures and further loss or damage caused by preventive measures. 3. Scope of application ( Article 2 ) The Convention shall apply exclusively to pollution damage caused in the territory, including the territorial sea, and the exclusive economic zone of a State Party. 4. Liability of the shipowner ( Article 3 ) The shipowner shall be liable for pollution damage caused by any bunker oil
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pi_circular Japan P&I Club ·2001-07-23

Bunker Spill Convention - Japan P&I Club

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