BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

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THE INTERNATIONAL CONVENTIONS ON LIABILITY AND COMPENSATION FOR OIL POLLUTION DAMAGE - Present and Future - 1 INTRODUCTION 2 CIVIL LIABILITY CONVENTION 2.1 Scope of application 2.2 Basis of liability 2.3 Limitation of liability 2.4 Channelling of liability 2.5 Compulsory insurance 2.6 Competence of Courts 3 FUND CONVENTION 3.1 Supplementary compensation 3.2 Limit of compensation 3.3 lndemnitication of the shipowner 3.4 Organisation of the IOPC Fund 3.5 Contributions to the IOPC Fund 4 REVISION OF THE CIVIL LIABILITY CONVENTION AND THE FUND CONVENTION 4.1 4.2 5 CLAIMS AGAINST THE 10% FUND 5.1 5.2 1984 Protocols 1992 Diplomatic Conference and 1992 Protocols Higher limits for shipowner’s liability ;:I Higher limit of 1984 Fund’s compensation <strong>No</strong> indemnilication of shipowners 1:; Geographical scope of application (e) Spills from unladen tankers (0 Pre-spill preventive measures (9) Definition of “pollution damage’ Capping Provision Entry into force Claims experience F;ims settlement Submission of claims fb) Cooperation with P & I Clubs and ITOPF 5.3 Admissibility of claims; notion of “pollution damage’ 6 CONCLUSIONS 273
1 INTRODUCTION The TORREY CANYON oil spill in 1967 caused unprecedented pollution damage off the English coast. It made the world aware of the need for international regimes of liability and compensation for pollution damage caused by spills of oil from tankers. Following the TORREY CANYON disaster, the International Maritime Organization (IMO) convened a Diplomatic Conference in Brussels in 1969, which adopted the International Convention on Civil Liability for Oil Pollution Damage (Civil Liability Convention, CLC). This Convention lays down the principle of strict liability for shipowners and provides for a system of compulsory insurance. The 1969 Conference noted, however, that the Civil Liability Convention regime might not provide full compensation to victims of pollution damage and recognised the need for a scheme providing supplementary compensation. After further deliberations within IMO. a Diplomatic Conference was convened in Brussels in 1971. This Conference adopted the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). The Fund Convention set up an international organisation, the International Oil Pollution Compensation Fund (IOPC Fund), to administer the system of compensation created by that Convention. The Civil Liability Convention entered into force in 1975 and the Fund Convention entered into force in 1978. The International Oil Pollution Compensation Fund (IOPC Fund) was established in October 1978. It is the only worldwide inter-governmental organisation which pays compensation to victims who have suffered pollution damage. It also relieves the shipowners of part of the financial burden imposed on them by the Civil Liability Convention. As at 1 June 1993, the Civil Liability Convention has 79 Contracting States, and the Fund Convention has 56 Contracting States. Both the Civil Liability Convention and the Fund Convention have been amended by Protocols in 1976. 1984 and 1992. The 1976 amendments are of an essentially formal character. The 1984 and 1992 Protocols, however, fundamentally amend the Conventions. The 1984 and 1992 Protocols, which are not in force, provide for higher limits of compensation and a wider scope of application than the Conventions in their original versions. 2 CIVIL LIABILITY CONVENTION The Civil Liability Convention is the basic structure on which the regimes of liability and compensation for oil pollution damage from ships is based. The following are the fundamental elements of the Civil Liability Convention regime. 2.1 Scope of application The Civil Liability Convention applies to oil pollution damage resulting from spills from laden tankers and suffered in the territory (including the territorial sea) of a Contracting State. The only criterion for its applicability is. therefore, where the damage occurred. The flag State of the tanker and the nationality of the shipowner are irrelevant for determining the scope of application of the Civil Liability Convention. The Civil Liability Convention also applies to measures, wherever they are taken, to prevent or minimise pollution damage in the territory (including the territorial sea) of a Contracting State (“preventive measures”). Damage caused by non-persistent oil is not covered by the Civil Liability Convention. Therefore, spills of gasoline, light diesel oil, kerosene, etc, do not fall within the scope of the Civil Liability Convention. 274
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BALTIC SEAENVIRONMENT PROCEEDINGS N
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Preface General statements and lect
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Practical organization of national
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HELCOM SEMINAR for Experts from Est
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obligations. When fulfilling HELCOM
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Fleming Otzen Chairman of the Helsi
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facts and thus avoiding the long la
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In earlier days it was unthinkable
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possibilities. HELCOM decision in 1
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Catchment area solved by HELCOM but
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denominator, however, in that an af
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the general public, openness within
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The Baltic Sea Joint Comprehensive
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Submitted by Russia HELCOM SEMINAR
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During the last year the ecological
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ENVIRONMENTAL PROTECTION DEPARTMENT
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The financing of capital investment
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The first phase of the main study i
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At Liepaja in some kind we have an
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- organizing of Environmental Enfor
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44. Daugava River Basin/RER Plant -
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HELCOM SEMINAR FOR EXPERTS FROM EST
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Some of the special topics have bee
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The Duties of EGAP HELCOM SEMINAR R
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average concentrations of nitrogen
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The second purpose of emission data
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Model results for the total deposit
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Table 1. Measurement DroPramme of E
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1. 2. 3, 4. 5. 6. 7. 8. 9. 10. 11.
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Table 6. Deposition estimates for t
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Figure 2. Annual average nitrogen c
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Figure 4. Average wet fluxes of nit
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INTRODUCTION The Baltic Sea is the
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out of Chernobyl in the Baltic Sea
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ed by the initial fallout. Figure 2
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Fig. 1 r- u) LD Lo u-l u-l 68
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Bs 1.oc!E+141 1.ooE+13 WOE+12 l.OOE
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INTRODUCTION Article 16 of the Hels
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Qualitv Assurance (OA) The success
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had been a ten-fold reduction of co
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Improvements of Guidelines The Guid
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life. This objective, which can be
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6 4 6 2 6oc MAP OF THE MONITORING S
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Table 2. Obligatory and tentative d
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Table 5. SAMPLING FREQUENCY OF BMP.
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The Need for Quality Assurance in M
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(Topping, 1992). Two principal comp
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increasing frequency, analysts find
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PHASE 1 OF THE VALIDATION PROCESS E
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m- Information Service 22.6.1993 BA
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Appendix Baltic Marine Environment
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Baltic Marine Environment Bibliogra
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1. MC tasks in general The Tasks an
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of MC decisions, informal meetings
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4. Conclusions Taking all in all th
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~esedealwithsu&mattersas applicatio
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~l~~ofa009K>SStQntandabove~be~~with
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mv l(T,zzbaae) Ehtxy into foxre: 31
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For existing crude oil tankers, a t
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me first set of amrkmmts to MARWL 7
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Theseamendmntsweredesigmdtoencourag
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The 1990 alredmnts Adoption: March
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Regulation 13G also allows for futu
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Many of these ships are now 15 to 2
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Jukka Hakamies Secretary of Interna
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the condition of ships more closely
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detention percentage, which is supp
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Regulation 19 Ir] Control * Figure
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6 5 4 3 2 1 0 L percentage 7 source
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Flag States with detention percenta
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COMMON POLICY ON DETENTION PROCEDUR
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35 30 25 20 15 10 5 0 Targe, t Actu
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1. Introduction On the 32th session
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CHAPTER 2 Figure 1.1 f I-- - -_ CHA
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operating waste handling system, an
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The first task of this agency would
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4. Lesal aspects Firstly a few rema
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facility as it is a primary means o
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developed and it should address als
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facilities. In many cases it is pos
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installation for Annex V serves as
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a free of charge system. Applicatio
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does not exist. When cargo residues
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to the trip to be undertaken, shoul
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HELCOM SEMINAR For Experts from Est
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RECEPTION FACILITIES IN PORTS Artic
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The capacity of each reception faci
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COOPERATION IN THE PREVENTION OF PO
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Tanker Tractor Unit IAF = Induced A
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HELCOM SEMINAR for Experts from Est
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At the beginning under the Technolo
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The Commission has decided that the
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Bernd Mehlhorn Chairman TC POINT TC
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Priorities The working strategy for
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- nutrient balance, including ferti
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EXISTING REPORTS CONCERNING POLLUTI
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CLASSlFICATIONOFTHEINPUTSTOTHEBALTI
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Table 5.1 Organic matter (BOD,) Loa
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Table 5.3 Sub-region Rivers Total N
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-NOTALLREQUESTEDBASICINFORMATION SU
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CONCERNING THE REDUCTION OF 50% OF
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DIVISION OF TASKS AND RESPONSIE3ILI
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wastewater disposal plants are met
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It is particularly important to rec
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without any great difficulty. Only
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agriculture. Later HELCOM recommend
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Within the last decade in Denmark f
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Agency calculated the effect of the
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Public random control on pesticides
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Forest and Nature Conservation, the
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ecommendation is thus of great impo
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The ‘Recommendation concerning re
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Page 228 and 229: - norms may cause technical stagnat
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Page 232 and 233: - How well does the approach implem
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Page 240 and 241: 2. ITEMS AND OBJECTIVES FOR NEGOTIA
Page 242 and 243: In case permit conditions include a
Page 244 and 245: If permit conditions are violated,
Page 246 and 247: ANNEX5 Tasks and personnel in the i
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Page 252 and 253: management section of the Ministry.
Page 254 and 255: No. 187 DECREE ON THE ADVISORY BOAR
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Page 258 and 259: Annual cycle of national preparatio
Page 260 and 261: A number of important environmental
Page 262 and 263: The main tasks are: -accumulating f
Page 264 and 265: STATENS NATURVhWWERK Swedish Enviro
Page 266 and 267: ORGANIZATION OF THE NATIONAL SWEDIS
Page 268 and 269: HELCOM SEMINAR for Experts from Est
Page 270 and 271: 2 2.1 2.2 2.3 2.4 2.5 2.6 2.7 3 3.1
Page 272 and 273: Initial Contributions Annual Contri
Page 274 and 275: THE INTERNATIONAL CONVENTIONS ON LI
Page 278 and 279: Only a spill from a tanker which is
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Page 290 and 291: Pollution Reoorting Oil Polbtion Em
Page 292 and 293: . Technical services - Facilitate C
Page 294 and 295: Captain Thomas Fag8 RIGA September
Page 296 and 297: Otherwise, it is very difficult to
Page 298 and 299: are nations. 4. Organisation of the
Page 300 and 301: Conclusions With this brief overvie
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Page 306 and 307: FIGURE 302-l Appendix 6 TANKER SPIL
Page 308 and 309: Xunhl Direccibn General de Protecci
Page 310 and 311: OPERATIONAL FUNCTION Appendix 10 *
Page 312 and 313: LOGISTICS *Procurement *Transporbli
Page 314 and 315: Recommendation 6/13 Recommendation
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Page 318 and 319: COMMAND STRUCTURE FOR JOINT COMBATT
Page 320 and 321: Chapt.er 12 CO-OPERATION ON AERIAL
Page 322 and 323: PART II (POLINF) 40. 41. 42. 43. 44
Page 324 and 325: CHAPTER 5.6 page 2 47 Drift of alga
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1. Introduction Informal Working Gr
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As decided upon by CC To be propose
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2.4. 2.4.1. 2.4.2. 2.4.3. 2.4.4. 2.
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s/8 *I9 5.2 Some Delegations expres
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Paragraph 6.5 to accept the aims an
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CHAPTER 10 page Z/2 a fundamental p
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Furthermore, it is the intention an
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sea furface, and persistent oils, w
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tanks are loosing oil or further da
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generally contains debris and sand,
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munication equipment for the variou
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ANNEX2 PROVISIONAL GUIDELINES FOR A
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Aeria Surveillance Results 1986 bis
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2. INTERNATIONAL LEGAL FRAMEWORK FO
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3. 3.1 3.2 NATIONAL LEGISLATION AND
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4. 4.1 THE IMPORTANCE OF THE HELSIN
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5 . based greatly on those experien
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Mr. Olli Pahkala Ministry of the En
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Mr. Bernd Mehlhorn (Chairman of TC
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PARTICIPANTS Mr. Harri Jankovski Es
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Mr. Ringolds Arnitis State of Plant
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Ms. Laila Kule Research Centre Latv
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Mr. Karlis Zakss Latvian Shipping C
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Mr. Nicolay D. Sorokin Committee on
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Secretariat of the Helsinki Commiss
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11.30 - 12.30 * Problem areas (Chai
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14.00 - 15.00 National experience i
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16.30 - 17.00 Coffee break 17.00 -
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* * Baltic Sea Environment Proceedi
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* * * International Oil Pollution C
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BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

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