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Understanding the Bunkers Convention 2001: Implications for Maritime Liability and Insurance

The Bunkers Convention 2001, effective since November 2008, addresses liability for pollution damage caused by bunker oil spills from ships. It mandates that all seagoing vessels must have compulsory insurance, ensuring that owners—including managers and operators—are financially accountable for environmental damages. The convention lacks provisions for a dedicated compensation fund, presenting challenges in addressing claims for pollution cleanup. This document discusses the legal framework established by the Bunkers Convention and its interaction with other liability conventions like the LLMC 1976, emphasizing the implications for shipowners and insurers.

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Understanding the Bunkers Convention 2001: Implications for Maritime Liability and Insurance

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  1. INTERSPILL 2012 Bunkers Convention 2001 LLMC Conventions Jonathan Hare Senior Vice-President Counsel Assuranceforeningen SKULD

  2. Bunkers Convention 2001 • Entry into force – • November 2008 • State Parties – 64 • Reasons • Environmental damage – bunker quantities & types • Incidents involving bunker spills - CLC as a model Cita – 1997 Isles of Scilly

  3. Bunkers Convention 2001 SelendangAyu

  4. Bunkers Convention 2001 • CLC model √ strictliability & limitation √compulsoryinsurance & certification √direct action & no policy defences (exceptwilfulmisconduct) ...but Xnosecondlayer Xnodedicatedlimitation fund

  5. Bunkers Convention 2001 • Type of ship • "Any seagoing vessel and seaborne craft, of any type whatsoever“ • Liable parties • The owners "including the registered owner, bareboat charterer, manager and operator of the ship • Compulsory Insurance • Registered owner • Insurance & Certification unless ship 1000 gt or less • Non-IG insurers

  6. Bunkers Convention 2001 & Limitation • Limitation – why is it relevant? • absence of secondlayer – no IOPC Fund! Pacific AdventurerMarch 2009 Queensland Full City July 2009 Norway

  7. Bunkers Convention 2001 & Limitation • London Convention on Liability for Maritime Claims 1976 • ”LLMC” • 1996 Protocol • Shipownerentitled to limit liability for certain types of claim • Amount dependent on gross tonnage • (VLOC – c. USD 77 m.)

  8. Bunkers Convention 2001 & Limitation • No dedicated fund for pollutiondamage • Other types of claimwill be madeagainstthe fund • Someclaimsmay fall outsidethe LLMC fund • possibleReservation for WreckRemoval • raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship

  9. Bunkers Convention 2001 & Limitation Full City Norwegian Maritime Code

  10. Bunkers Convention 2001 & Limitation Separate fund required for pollution clean-up

  11. Bunkers Convention 2001 & Limitation • Limit for the insurer: • “even if the shipowner is not entitled to limitation of liability…, the [insurer] may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained in accordance with paragraph 1 [LLMC 76 as amended] ”

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