OPRC: Obligations of flag

State

A requirement for pollution

emergency plans for:
Ships
Offshore platforms

Requirement for reporting any

observed event involving the
discharge of oil to the nearest
coastal State

OPRC:National obligations
1. A national system for responding to oil
pollution incidents which includes:
a national contingency plan
designated national authorities
an identified national operation focal
point (or focal points)
2. Individually or through
bilateral/multilateral
co-operation, ensure:
Pre-positioned equipment
Programme of exercises and training of
personnel
Plans and communication capabilities
A mechanism for coordinating the
response

OPRC: International obligations

Requirement for
Informing
neighbouring
States of spills
which could affect
them

Providing
assistance if
requested by
another party

OPRC: International Cooperation

Parties agree, to the extent of their
capability, to provide international
assistance to other State parties,
and;
Requesting Parties agree to facilitate
the receipt of such assistance
in-country

International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969

The Convention affirms the right of a coastal State to

take such measures on the high seas as may be
necessary to prevent, mitigate or eliminate danger to
its coastline or related interests from pollution by oil
or the threat thereof, following upon a maritime
casualty
The coastal State is empowered to take only such
action as is necessary, and after due consultations
with appropriate interests including
1. the flag State
2. the owners of the ships or cargoes in question
3. where circumstances permit, independent experts

International Convention Relating to

Intervention on the High Seas in Cases of Oil
Pollution Casualties, 1969

A coastal State which takes measures beyond

those permitted under the Convention is liable
to pay compensation for any damage caused
by such measures. Provision is made for the
settlement of disputes arising in connection
with the application of the Convention.
The Convention applies to all seagoing vessels
except warships or other vessels owned or
operated by a State and used on Government
non-commercial service

Protocol to the intervention

convention
The 1973 London Conference on
Marine Pollution adopted the Protocol
relating to Intervention on the High
Seas in Cases of Marine Pollution by
Substances other than Oil. This
extended the regime of the 1969
Intervention Convention to
substances which are listed in the
Annex to the Protocol

BUNKER CONVENTION
It provides for a strict liability of the owner
of a seagoing vessel for pollution damage
caused by any bunker oil on board
or originating from the ship in the territory,
the territorial sea and the exclusive
economic zone
or an equivalent zone of any State Party to
the Convention,
as well as measures taken to prevent or
minimise such damage.

 The shipowner at the time of an incident is liable for

all pollution damage caused by its bunker oil.
However, no liability will attach to the shipowner if
the shipowner proves that the damage resulted
from:
1. an act of war, hostilities, insurrection or a natural
phenomenon of an exceptional, inevitable and
irresistible character,
2. the damage was caused by an act or omission done
with intent to cause damage by a third party,
3. the damage was wholly caused by the negligence of
any Government or other authority responsible..

 The financial liability of the liable

party is subject to the limits laid
down in the applicable national or
international regime
but may under no circumstances
exceed an amount calculated in
accordance with the 1976
Convention on Limitation of Liability
for Maritime Claims, as amended

 Owners of ships with a gross tonnage greater than 1000

registered in a State which is a party to the Convention are
required to maintain insurance or other financial security,
such as the guarantee of a bank or similar financial
institution, to cover their liability for pollution damage.
A certificate attesting that insurance or other financial
security is in force is issued to each ship after the
appropriate authority of a State which is a party to the
Convention has determined that insurance or other
financial security exists.
This certificate must be carried on board the ship and a
copy must be deposited with the authorities who keep the
ship's registration.

 Any claim for compensation for pollution

damage may be brought directly against the
insurer or other person providing financial
security for the registered owner's liability for
pollution damage.
Each State which is a party to the Convention
must ensure, under its national law, that
insurance or other security is in force in
respect of any ship with a gross tonnage
greater than
1 000, wherever registered,
entering or leaving a port in its territory .

 Keneil u a do fund convention and

hns

FUND CONVENTION
the 1969 Civil Liability Convention (CLC)
provided a mechanism for ensuring the
payment of compensation for oil pollution
damage, but it did not deal satisfactorily with
all the legal and financial questions raised
during the Conference adopting the CLC
Convention.
Thus, participants of the 1969 Brussels
Conference considered a compromise proposal
to establish an international fund, to be
subscribed to by the cargo interests.

FUND CONVENTION
This fund would both serve to relieve oil tanker
owners of their burden by the requirements of
the new Convention and would provide
additional compensation to pollution damage
victims in cases where compensation under the
CLC was either inadequate or unobtainable.
The Fund Convention was adopted in 1971 as a
supplementary to the CLC.
Contributions to the Fund are made by all
Parties who receive at least 150,000 metric
tons of oil by sea annually

HNS CONVENTION
the International Convention on Liability and
Compensation for Damage in Connection with
the Carriage of Hazardous and Noxious
Substances by Sea, 1996 - known as the HNS
Convention
aims to ensure adequate, prompt and effective
compensation for damage to persons and
property, costs of clean up
and reinstatement measures and economic
losses resulting from the maritime transport of
hazardous and noxious substances.

 As with the original oil pollution compensation regime, the

HNS Convention will establish a two-tier system for
compensation to be paid in the event of accidents at sea, in
this case, involving hazardous and noxious substances, such
as chemicals.
Tier one will be covered by compulsory insurance taken out
by shipowners, who would be able to limit their liability. In
those cases where the insurance does not cover an
incident, or is insufficient to satisfy the claim,
a second tier of compensation will be paid from a Fund,
made up of contributions from the receivers of HNS.
Contributions will be calculated according to the amount of
HNS received in each Member State in the preceding
calendar year.

 The HNS Convention covers damage

in the territory or territorial sea of a
State Party to the Convention.
It also covers pollution damage in the
exclusive economic zone, or
equivalent area, of a Member State

 Damage (other than pollution damage) caused by

HNS carried on board ships registered in the flag of
the Member State outside the territorial sea of any
State
. The following types of damage will be covered:
1. Loss of life or personal injury on board or outside
the ship carrying the HNS
2. Loss of or damage to property outside the ship
3. Economic losses resulting from contamination,
e.g. in the fishing, mariculture and tourism sectors
4. Costs of preventive measures, e.g. clean-up
operations at sea and onshore

 The HNS Convention does not apply to oil pollution

damage from tankers, as defined in the
International Convention on Civil Liability for Oil
Pollution Damage,
nor to loss or damage as covered by the Bunkers
Convention.
Loss or damage caused by radioactive materials is
also excluded.
Claims under the HNS Convention will be assessed
according to criteria that will be established by the
Governments of HNS Fund Member States

 Under the HNS Convention, the shipowner

will have strict liability for any damage
caused by HNS,
the shipowner will be liable even without
fault on the part of the ship or its crew.
The shipowner will be obliged to maintain
insurance to cover his liabilities under the
Convention.
This insurance will normally be provided by
protection and indemnity insurers.