BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

2.5 Compulsory insurance
The owner of a tanker carrying more than 2 000 tonnes of persistent oil as cargo is obliged to
maintain insurance to cover his liability under the Civil Liability Convention. When entering or
leaving a port or terminal installation of a State Party to the Civil Liability Convention, a certificate of
insurance ‘is required also for ships flying the flag of a State which is not - Party to the Civil Liability
Convention.
2.6 Competence of Courts
Actions for compensation under the Civil Liability Convention may only be brought before the
Courts of the Contracting State in the terriiory or territorial sea of which damage was caused.
3 FUND CONVENTION
The Fund Convention was elaborated as a supplementary convention to the Civil Liability
Convention. Only those States which have become Parties to the Civil Liability Convention can
become Members of the IOPC Fund. The IOPC Fund has at present 56 Member States e.
The main functions of the Fund Convention are to provide supplementary compensation to those
who cannot obtain full and adequate compensation for oil pollution damage under the Civil Liability
Convention, and to indemnify the owner for a portion of his liability under the Civil Liability
Convention,
The IOPC Fund is financed by contributions from persons who receive crude oil and heavy fuel oil
in Fund Member States.
3.1 Suuplementary compensation
The IOPC Fund pays compensation to any person suffering oil pollution damage in an IOPC Fund
Member State if that person is unable to obtain full and adequate compensation under the Civil
Liability Convention for one of the following reasons:
(4
(b)
(d
No liability for pollution damage arises under the Civil Liability Convention, because
the owner can invoke one of the exemptions under that Convention.
The owner is financially incapable of meeting his obligations under the Civil Liability
Convention and his insurance is insufficient to satisfy the claims for compensation
for pollution damage.
The damage exceeds the owner’s liability under the Civil Liability Convention.
Experience has shown that in most cases in the IOPC Fund becomes involved for the third reason.
That is, the damage exceeds the shipowner’s limit under the Civil Liability Convention.
The IOPC Fund is relieved of its obligation to pay compensation if
damage resulted from an act of war or if it was caused by a spill
IOPC Fund has no obligation to pay compensation if the claimant
resulted from an incident involving one or more laden tankers.
Note
it proves that the pollution
from a warship. In addition, the
cannot prove that the damage
As at 1 June 1993. the Members of the IOPC Fund are: Algeria. Bahamas, Benin, Brunei Darussalam (from
28 December 1992). Cameroon, Canada, C&e d’lvoire. Croatia, Cyprus, Denmark, Djibouti. Estonia. Fiji. Federal Republic of
Yugoslavia (Serbia and Montenegro). Finland, France. Gabon. the Gambia. Federal Republic of Germany. Ghana. Greece.
Iceland. India. Indonesia. Ireland. Italy. Japan. Kenya. Kuwait, Liberia, Maldives. Matta. MOnaCO. Morocco. Netherlands. Nigeria.
Norway, Oman, Papua New Guinea, Poland, Portugal, Qatar. Republic of Korea, Russian Federation. Seychelles. Slovenia.
Spain, Sri Lanka, Sweden. Syrian Arab Republic, Tunisia, Tuvalu. United Arab Emirates, United Kingdom, Vanuatu. Venezuela.
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