IMO Conventions

The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, was adopted by the International Conference on Training and Certification of Seafarers on 7 July 1978.

The 1978 STCW convention was the first to establish basic requirements on training, certification and watchkeeping for seafarers on an international level. Previously the standard of training, certification and watchkeeping of officers and ratings were established by individual governments, usually without reference to practice in other countries.

The convention prescribes minimum standards relating to training, certification and watchkeeping for seafarers which are obligated to meet or exceed.

The STCW Code

The regulations contained in the Convention are supported by sections in the STCW Code. Generally speaking, the Convention contains basic requirements which are then enlarged upon and explained in the Code.

Part A of the Code is mandatory. The minimum standards of competence required for seagoing personnel are given in detail in a series of tables. Chapter II of the Code, for example, deals with standards regarding the master and deck department.

Part B of the Code contains recommended guidance which is intended to help Parties implement the Convention. The measures suggested are not mandatory and the examples given are only intended to illustrate how certain Convention requirements may be complied with. However, the recommendations in general represent an approach that has been harmonized by discussions within IMO and consultation with other international organizations.

STCW Convention chapters

Chapter I: General provisions

Chapter II: Master and deck department

Chapter III: Engine department

Chapter IV: Radiocommunication and radio operators

Chapter V: Special training requirements for personnel on certain types of ships

Chapter VI: Emergency, occupational safety, security, medical care and survival functions Chapter

VII: Alternative certification Chapter

VIII: Watchkeeping.

MLC-2006

COLREG-1972

One of the most important innovations in the 1972 COLREGs was the recognition given to traffic separation schemes - Rule 10 gives guidance in determining safe speed, the risk of collision and the conduct of vessels operating in or near traffic separation schemes.

The first such traffic separation scheme was established in the Dover Strait in 1967. It was operated on a voluntary basis at first but in 1971 the IMO Assembly adopted a resolution stating that that observance of all traffic separation schemes be made mandatory - and the COLREGs make this obligation clear.

Technical provisions The COLREGs include 41 rules divided into six sections:

Part A - General;

Part B - Steering and Sailing;

Part C - Lights and Shapes;

Part D - Sound and Light signals;

Part E - Exemptions; and

Part F - Verification of compliance with the provisions of the Convention.

There are also four Annexes containing technical requirements:

Annex I - Positioning and technical details of lights and shapes

Annex II - Additional signals for fishing vessels fishing in close proximity

Annex III - Technical details of sounds signal appliances

Annex IV - Distress signals, which lists the signals indicating distress and need of assistance.

FAL-1965

Adoption: 9 April 1965; Entry into force: 5 March 1967

The Convention's main objectives are to prevent unnecessary delays in maritime traffic, to aid co-operation between Governments, and to secure the highest practicable degree of uniformity in formalities and other procedures.

In particular, the Convention reduces the number of declarations which can be required by public authorities. Most human activities are regulated, either by precedent, convention or regulation. Most regulations are essential - but sometimes they come to be regarded not only as unnecessary but also as a significant burden on the activities they are supposed to control. Few activities have been more subject to over-regulation than international maritime transport. This is partly because of the international nature of shipping: countries developed customs, immigration and other standards independently of each other and a ship visiting several countries during the course of a voyage could expect to be presented with numerous forms to fill in, often asking for exactly the same information but in a slightly different way.

General structure The FAL Convention consists of 16 articles and one annex. The articles contain, inter alia, general provisions, the scope of the convention, and the notification and entry into force requirements.

The Annex of the FAL Convention contains the "Standards" and "Recommended Practices" on formalities, documentary requirements and procedures which should be applied on arrival, during their stay, and on departure to the ships, their crews, passengers, baggage and cargo. It also includes implementation procedures and appendixes that provide additional information to the Convention.

The structure of the Annex is as follows:

1. Definitions and general provisions;

2. Arrival, stay and departure of the ship;

3. Arrival and departure of persons;

4. Stowaways;

5. Arrival, stay and departure of cargo and other articles;

6. Public health and quarantine, including sanitary measures for animals and plants;

7. Miscellaneous provisions.

LL-1966

Adoption: 5 April 1966; Entry into force: 21 July 1968

It has long been recognized that limitations on the draught to which a ship may be loaded make a significant contribution to her safety. These limits are given in the form of freeboards, which constitute, besides external weathertight and watertight integrity, the main objective of the Convention.

The first International Convention on Load Lines, adopted in 1930, was based on the principle of reserve buoyancy, although it was recognized then that the freeboard should also ensure adequate stability and avoid excessive stress on the ship's hull as a result of overloading.

In the 1966 Load Lines convention, adopted by IMO, provisions are made for determining the freeboard of ships by subdivision and damage stability calculations. The regulations take into account the potential hazards present in different zones and different seasons. The technical annex contains several additional safety measures concerning doors, freeing ports, hatchways and other items. The main purpose of these measures is to ensure the watertight integrity of ships' hulls below the freeboard deck. All assigned load lines must be marked amidships on each side of the ship, together with the deck line. Ships intended for the carriage of timber deck cargo are assigned a smaller freeboard as the deck cargo provides protection against the impact of waves.

The Convention includes three annexes.

Annex I is divided into four Chapters:

Chapter I - General;

Chapter II - Conditions of assignment of freeboard;

Chapter III - Freeboards;

Chapter IV - Special requirements for ships assigned timber freeboards.

Annex II covers Zones, areas and seasonal periods.

Annex III contains certificates, including the International Load Line Certificate.

SAR-1979

International Convention on Maritime Search and Rescue (SAR)

Adoption: 27 April 1979;

Entry into force: 22 June 1985

The 1979 Convention, adopted at a Conference in Hamburg, was aimed at developing an international SAR plan, so that, no matter where an accident occurs, the rescue of persons in distress at sea will be co-ordinated by a SAR organization and, when necessary, by co-operation between neighbouring SAR organizations. Although the obligation of ships to go to the assistance of vessels in distress was enshrined both in tradition and in international treaties (such as the International Convention for the Safety of Life at Sea (SOLAS), 1974), there was, until the adoption of the SAR Convention, no international system covering search and rescue operations. In some areas there was a well-established organization able to provide assistance promptly and efficiently, in others there was nothing at all.

The technical requirements of the SAR Convention are contained in an Annex, which was divided into five Chapters. Parties to the Convention are required to ensure that arrangements are made for the provision of adequate SAR services in their coastal waters. Parties are encouraged to enter into SAR agreements with neighbouring States involving the establishment of SAR regions, the pooling of facilities, establishment of common procedures, training and liaison visits. The Convention states that Parties should take measures to expedite entry into its territorial waters of rescue units from other Parties. The Convention then goes on to establish preparatory measures which should be taken, including the establishment of rescue co-ordination centres and subcentres. It outlines operating procedures to be followed in the event of emergencies or alerts and during SAR operations. This includes the designation of an on-scene commander and his duties.

IMO search and rescue areas Following the adoption of the 1979 SAR Convention, IMO's Maritime Safety Committee divided the world's oceans into 13 search and rescue areas, in each of which the countries concerned have delimited search and rescue regions for which they are responsible. Provisional search and rescue plans for all of these areas were completed when plans for the Indian Ocean were finalized at a conference held in Fremantle, Western Australia in September 1998. Revision of SAR Convention The 1979 SAR Convention imposed considerable obligations on Parties - such as setting up the shore installations required - and as a result the Convention was not being ratified by as many countries as some other treaties. Equally important, many of the world's coastal States had not accepted the Convention and the obligations it imposed. It was generally agreed that one reason for the small number of acceptances and the slow pace of implementation was due to problems with the SAR Convention itself and that these could best be overcome by amending the Convention. A revised Annex to the SAR Covnention was adopted in May 1998 and entered into force in January 2000. The revised technical Annex of the SAR Convention clarifies the responsibilities of Governments and puts greater emphasis on the regional approach and co-ordination between maritime and aeronautical SAR operations.

The revised Annex includes five Chapters:

Chapter 1 - Terms and Definitions This Chapter updates the original Chapter 1 of the same name.

Chapter 2 - Organization and Co-ordination The Chapter makes clear the responsibilities of Governments. It requires Parties, either individually or in co-operation with other States, to establish basic elements of a search and rescue service, to include: - legal framework; - assignment of a responsible authority; - organization of available resources; - communication facilities; - co-ordination and operational functions; and - processes to improve the service including planning, domestic and international co-operative relationships and training. Parties should establish search and rescue regions within each sea area - with the agreement of the Parties concerned. Parties then accept responsibility for providing search and rescue services for a specified area. The Chapter also describes how SAR services should be arranged and national capabilities be developed. Parties are required to establish rescue co-ordination centres and to operate them on a 24-hour basis with trained staff who have a working knowledge of English. Parties are also required to "ensure the closest practicable co-ordination between maritime and aeronautical services".

Chapter 3 - Co-operation between States Requires Parties to co-ordinate search and rescue organizations, and, where necessary, search and rescue operations with those of neighbouring States. The Chapter states that unless otherwise agreed between the States concerned, a Party should authorize, subject to applicable national laws, rules and regulations, immediate entry into or over its territorial sea or territory for rescue units of other Parties solely for the purpose of search and rescue.

Chapter 4 - Operating Procedures The Chapter says that each RCC (Rescue Co-ordination Centre) and RSC (Rescue Sub-Centre) should have up-to-date information on search and rescue facilities and communications in the area and should have detailed plans for conduct of search and rescue operations. Parties - individually or in co-operation with others should be capable of receiving distress alerts on a 24-hour basis. The regulations include procedures to be followed during an emergency and state that search and rescue activities should be co-ordinated on scene for the most effective results. The Chapter says that "Search and rescue operations shall continue, when practicable, until all reasonable hope of rescuing survivors has passed".

Chapter 5 - Ship reporting systems Includes recommendations on establishing ship reporting systems for search and rescue purposes, noting that existing ship reporting systems could provide adequate information for search and rescue purposes in a given area.

SUA-1988/2005

CSC-1972

IMSO -1976

SFV-1977

STP-1971/1973

INTERVENTION-1969

Intervention Convention International Convention Relating to Intervention on the High Seas in Cases of O1l Pollution Casualties, 1969 Adoption: 29 November 1969 Entry into force: 6 May 1975 If a pollution took place on the high seas beyond the EEZ and that casualty threatens pollution of the coastal waters of the state, then the concerned coastal state cannot proceed against the vessel for discharge violation since the vessel is outside its jurisdiction. Therefore the IMO evolved the above convention Salient points:

1. The coastal state can intervene in the event of pollution on the high seas, only when there is grave and imminent danger to its coastal line or Interests like fishing marine life etc. In other words such intervention in justified only an environmental grounds. 2 The intervention is limited to cases of pollution only by crude ail, fuel oil, Diesel oil and LO. but the 1973 prolocol extends to other dangerous substances also. 3. Measures taken by the coastal state shal be preceded by due consultation if the oilier states or persons whose interests are effecled as a sele quard against abuse of power. 4 The extent and degree of measures shell be proportional to the actual or future damage and shall be stopped as soon as the objective is ach ved. The consideration for this are: b) The maximum damage caused ir measures ere not taken b) The effectiveness of the planned measures c) The maximum damage the planned meesunes may cause

LC-1972/1996

Dumping Convention Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter - Dumping Convention (London) Adoption: 13 November 1972; Entry into force: 30 August 1975 1996 Protocolt Adoption: 7 November 1996; Entry Into force: 24 March 2006 "Dumping" has been defined as the deliberate disposal at sea of wastes or other matter from vessels, aircraft, platrorms or other man-made structures, as well as the deliberate disposal of these vessels or platforms themselves. Annexes list wastes which cannot be dumped and others for which a special dumping permit is required. Amendments adopted in 1993 (which entered Into force in 1994) banned the dumping into sea of low-level radioactive wastes. In addition, the amendments phased out the dumping of industrial wastes by 31 December 1995 and banned the incineration at sea of industrial wastes. The 1996 Protocol, which is meant to eventually replace the 1972 Convention, represents a major change of approach to the question of how to regulate the use of the sea as a depository for waste materials. Rather than stating which materials may not be dumped, it prohibits all dumping, except for possibly acceptable wastes on the so-called "reverse list", contained in an annex to the Protocol.It also states that "the polluter should, in principle, bear the cost of pollution" and emphasizes that Contracting Parties should ensure that the Protocol should not simply result in pollution being transferred from one part of the environment to another. The 1996 Protocol restricts all dumping except fora permitted list (which still require permits). Artide 4 states that Contracting Parties "prohibit the dumping of any wastes or other matter with the exception of those listed in Annex 1. The permitted substances are: 1. Dredged material 2 Sewage sludge 3. Fish waste, or material resulting from industrial fish processing operations 4. Vessels and platrorms or other man-made structures at sea 5. Inert, Inorganic geological material 6. Organic material of natural origin 7. Bulky items primarily comprising iron, steel, concrete and similar unharmful materlals for which the concern is' physical impact and limited to those circumstances, where such wastes are generated at locations, such as small islands with isolated communitles, having no practicable access to disposal options olher than dumping & CO, streams from CO capture processes.

OPRC-1990

OPRC Convention International Convention on Oil Pollution Preparedness, Respanse and Co-operation -OPRC Adoption: 30 November 1990; Entry Into force: 13 May 1995 In July 1989, a conference of leading industrial nations in Paris called upon IMO to develop further measures to prevent pollution from ships. This was endorsed by the IMO Assembly a convention almed at providing a global framework for international co-operation in combating major incidents or threats of marine pollution evolved. Parties to the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) are required to establish measures for dealing with pollution inddents, either nationally or in co-operation with other countries. Aims and Objectives of OPRC The number of marine accidents and the resulting oil pollution in the sea was becoming an increasing concern by the late 80s. • Leading industrial nations called for a conference in Paris in 1989 to devise further measures to prevent pollution by oil In the sea. • The IMO Assembly endorsed that cal in the same year and a new Convention was a being drafted to provide a global framework for International co-operation in combating major oil pollution incidents. The International Convention on Oil Pollution Preparedness Response and Co-operation (OPRC) was adopted in Nov 1990 and entered into force in May 1995. The OPRC establishes measures to deal with marine pollution by oil both nationally and in co-operation with other countries. • The main objective of the OPRC Convention is to improve the national ability to deal with an oil spill. The Convention requires that the party States elther individually or Jointly shall be prepared for and respond to oil spill incidents. It ensures that each country Implemerits a quick response emergency plan to deal with a spill and also makes way for International co- operation in dealing with marine pollution Incidents. Each State which is party to the Convention is required to set a National Cơntingency Plan (NCP) and appoint a National Competent Authority (NCA). • Oll spil equipment stock-piles must be maintained and preparedness exercises held, Party States should respond to other countries requests for assistance and report to neighbouring countries in an emergency response situation. Application: The Convention applies to: • Any type of vessel operating in the marine environment induding hydrofoil boats, air cushioned vehides, submersibles and Noating craft • shore installations whether fiked or loating or structures engaged in gas or oil explorațion, production, loading or unloading • Sea ports and other ol handling facilities like oil terminals, pipelines, etc. This Convention is not directly applicable to warships, naval auxliary or ship owned or operated by a Stale and used only for government non-commercial service.

OPRC-HNS-2000

AFS-2001

AFS Convention International Convention on the Control of Harmful Anti-fouling Systems on Ships - AFS 2001 Adoption: 5 October 2001; Entry into force: 17 September 2008 The Convention prohibits the use or harmrul organotins in anti-fouling paints used on ships and establishes a mechanism to prevent the potential Future use df other harmful substances in anti-fouling systems. Anti-fouling paints are used to coat the battoms of ships to prevent sea life suchas algae and molluscs attaching Lhemselves to the hull - thereby sIowing down the ship and increasing fuel consumption. In the early days of sailing Shipslime and later arsenic were used ta coat ships hulls, until the modern chemicals Industry developed etfective anti- fauling paints using metallic compounds. These compounds slowly "leach into the sea water, killing barnades and oher marinete that have atteched to the ship. But studies have showwn that these compounds persist in the waler killing sea-life, harm ing the environment and possibl entering the food chain One of the most effective anti-fouling paints, developed in the 1960s, contains the organotin tributyltin (TBT). which has been proven to cause delormations in oysters and sex changes in whelks. Under the terms of the AFS Convention. Parties to the Coanvention are required to prohibil and/or restnet the use of harmful anti-routing y stems on ships tying their lag. Anti-foulingsyslems to be prohibiled or controlled are tisted in an annex to the Convention, which will be updated as and when necessary. The Convention provides for the establishment of a technical oroup to include people with relevant expertige lo review proposals ror other substances used in anti-louling syslems to be prohibited or restricted. Article 6 on the process for proposing emendments to controls on anti- Fouling systems sets out how the evaluation of en anti-fouling system should be carried out.

BWM-2004

Hong Kong Recycling-2009

The International Convention for the Safe and Environmentally Sound Recycling of Ships- Hong Kong Convention

Adoption: 15 May 2009; Entry into force: 24 months after ratification by 15 States, representing 40 per cent of world merchant shipping by gross tonnage

The Convention is aimed at ensuring that ships, when being recycled after reaching the end of their operational lives, do not pose any unnecessary

risk to human health and safety or to the environment.

The Hong Kong Convention was adopted at a Diplomatic Conference held in Hong Kong, China, in May 2009. It intends to address all the issues

around ship recycling, Including the fact that ships sold for scrapping may contain environmentally hazardous substances such as asbestos, heavy

metals, hydrocarbons, ozone depleting substances and others. It will address concerns about working and environmental conditionis in many of the

world's ship recycling facilities.

Ships to be sent for recycling will be required to carry an inventory of hazardous materials, which will be speciic to each ship. An appendix to the

Convention provides a list of hazardous materials, the installation or use of which is prohibited or restricted in shipyards, ship repair yards, and

ships of Parties to the Convention. Ships will be required to have an initial survey to verify the inventory of hazardous materials, renewal surveys

during the life of the ship, and a final survey prior to recycling.

Ship recycling yards will be required to provide a Ship Recycling Plan, to specify the manner in which each individual ship will be recycled,

depending on its particulars and its inventory. Parties will be required to take elfective measures to ensure that ship recycling facilities under their

Jurisdiction comply with the Convention.

Regulations in the new Convention cover: the design, construction, operation arfu preparation of ships so as to facilitate safe and environmentally

sound recycling, without compromising the salety and operational efficiency or ships; the operation of ship recycling facilities In a safe and

environmentally sound manner: and the establishment of an appropriate enforcement mechanism for ship recycling, incorporating certification and

reporting requlrements.

CLC-1969

CLC- Civil liability for oil pollution damage.

Adaptation on 29-11-1969 & entered into force on 19-june-1975.

Application:-

1. this convention applies to owner of a ship, which has caused oil pollution damage in territorial sea, EEZ of a state,Including preventive measured taken to minimize such damages.

2. It shall not apply to war ship & any other ship owned or operated by a state & used only an government non-commercial service.

3. If more than one ship is involved in an incident & if their liabilities for payment of compensation are not reasonably separable, then all ships, except those ships which are exempted as stated below, shall be jointly & severly liable.

Definitions:-

Ship:- Oil tankers, which is actually carrying bulk oil cargo or oil residue of previous cargo.

oil:- any persistent hydrocarbon material oil carried as cargo or bunkers such as mineral oil carried as cargo or bunkers such as crude, fuel heavy diesel & lub oil.

pollution damage:- damage caused due to the escape or discharge of oil outside the ship, provided that compensation payable shall be limited to the following costs:-

(a) Reasonable measures taken for re-instatement of the environment.

(b) Preventive measures taken to reduce or mitigate pollution.

-war, hostilities, civil war or Insurrection.

-natural phenomena of an exceptional, inevitable and irresistible character.

-Sabotage by a third party. The owner may not be liable for damage claim of this party but shall still be liable for damage claim of other parties.

- Negligence or wrongful act of government or other authority responsible for maintenance of navigational aids.

Following persons shall not be liable for any compensation claim unless the damage was caused due to an act of sabotage of them
(i) Servant or Agent of the owner
(ii) Ships crew
(iii) Pilot or any performing service for the ship
(iv) Charter including bareboat charter
(v) Manager or operator.
(vi) Salver functioning on the instruction of owner or a competent public authority.
(vii) Servant of the Charter, salver or a person taking preventive measures.

The 2000 Amendments. Adoption on 18-October-2000 & Entry into force on 01-November-2003
The amendments raised the compensation limits by 50 percent compared to the limits set in the 1992 Protocol, as follows:
(a) For a ship not exceeding 5,000 gross tonnage, liability is limited to 4.51 million SDR (US$5.78 million)
(b) For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51 million SDR plus 631 SDR for each additional gross tonne over 5,000
(c) For a ship over 140,000 gross tonnage: liability is limited to 89.77 million SDR

CREATION OF FUND (Articles V and VI)
• After a pollution incident, the owner or his insurer shall create a fund by depositing the total amount of his liability, or a bank guarantee for
the same amount, with the local court or authority.
• The amount shall be calculated in the national currency in accordance with the method of valuation of SDR as applied by IMF, or valuation of
gold franc as decided by the State who is not a member of IMF.
• The court shall distribute the amount equitably amongst the claimants.
• If the owner or any other authorised person has paid compensation to another person before the actual distribution could be done, then the
former person shall acquire by subrogation the rights of the latter person.
• If the owner incurs expenses to prevent or minimise damage, then he shall also have equal claim against the fund constituted by him.
• Once the fund is constituted, no person claiming damage shall have any right on any other assets of the owner and the court shall release
the ship or any other property, which was arrested in respect of such damage claim.
INSURANCE (Article VII)
• Owner of a ship carrying > 2000 tons of bulk oil cargo shall maintain an insurance cover to the extent of the limit of his liability.
• A Certificate of Insurance shall be issued to the ship by the Flag State, or. may be issued by any State which is Party to the Convention, in the
prescribed form, as a proof that the ship is adequately insured. Its validity shall not be more than the validity of the insurance. It shall be in
the language of the Flag State and also in English or French.
• No ship shall engage in trading and not enter or leave port, while actually carrying > 2000 tons of bulk ail cargo, unless the above certificate
is in force.
• A ship owned by the State need not be insured but it shall be issued with the certificate of insurance stating that the ship's liability is covered
by the State.
• The insurer can:-
(i) Claim benefit of the limit of the liability even if the owner is not so entitled.
(ii) Invoke any defence, which the owner is entitled to do so, other than bankruptcy.
(iii) Invoke the defence that damage resulted due to the willful misconduct of the owner.
(iv) Insist that the owner be joined, in the proceedings.

STATUTORY LIMIT (Article VIII)
• If action for compensation is not brought within 3 years of the date of the pollution incident, then all rights for such claims are extinguished.
• In any case no action can be brought 6 years after the date of the incident.

FUND-1992

Fund Convention- IOPC funds
Under the regime the owner of a tanker is liable to pay compensation up to a certain limit for oil pollution damage following an escape of persistent oil from his ship. If that amount does not cover all the admissible claims, further compensation is available from the 1992 Fund if the damage occurs in a State which is a Member of that Fund. Additional compensation may also be available from the Supplementary Fund if the State is a Member of that Fund as well.
Under the 1992 Protocol, the maximum amount of compensation payable from the Fund for a single incident, including the limit established under the 1992 CLC Protocol, is 135 million SDR.
There are at present three IOPC Funds: the 1971 Fund, the 1992 Fund and the Supplementary Fund.
These three intergovernmental organisations were established at different times (1978,1996 and 2005 respectively), have different maximum amounts of compensation and have different Member States.
The 2003 Protocol (supplementary fund) established an additional, third tier of compensation. The Protocol is optional and participation is open to
all States Parties to the 1992 Fund Convention. The total amount of compensation payable for any one incident will be limited to a combined total
of 750 million Special Drawing Rights (SDR)

NUCLEAR-1971

PAL-1974

LLMC-1976

LLMC- convention on limitation of liabilities for maritime claims:- Adaptation on 19-november 1976 & entry into force on 01-december-1986.

{SDR- special drawing rights: the currency value of SDR is determined by summing the values in U.S dollars, based on market exchange rates of a basket of major currencies.

Amendments to 1996 protocol, adaptation on 19-april-2012 & entry in to force on 08-june-2015.

Limits are specified for two types of claims:-

(i). loss of life or personal injury.

(ii). property claims- damage to other ships, property or harbour work.

Under the amendments to the 1996 Protocol, the limits are raised as follows:

(i) The limit of liability for claims for loss of life or personal injury on ships not exceeding 2,000 gross tonnage is 3.02 million SDR (up from 2 million SDR).

For larger ships, the following additional amounts are used in calculating the limitation amount:

• For each ton from 2,001 to 30,000 tons, 1,208 SDR (up from 800 SDR)

• For each ton from 30,001 to 70,000 tons, 906 SDR (up from 600 SDR)

• For each ton in excess of 70,000, 604 SDR (up from 400 SDR).

(ii) The limit of liability for property claims for ships not exceeding 2,000 gross tonnage is 1.51 million SDR (up from 1 million SDR).

For larger ships, the following additional amounts are used in calculating the limitation amount:

• For each ton from 2,001 to 30,000 tons, 604 SDR (up from 400 SDR)

• For each ton from 30,001 to 70,000 tons, 453 SDR (up from 300 SDR)

• For each ton in excess of 70,000 tons, 302 SDR (up from 200 SDR).

HNS-1996/2010

The HNS Convention (Hazardous and Noxious Substances by Sea Convention) is an international convention created in 1996 to compensate for

damages caused by spillage of hazardous and noxious substances during maritime transportation. The convention is officially known as

the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by

Sea, 1996.

In case of any accidents or mishaps occurring while the vessel is at sea resulting in maritime contamination, the country whose waters have been

affected has occurred stands to get the necessary monetary compensation. The terms and conditions about the compensatory policies of the

convention can be further pinpointed as follows:

• Two-level compensatory system identifying both the vessel owner/operator and the receiving party of the hazardous substances as principal

compensatory contributors

• Mandatory insurance policy required to be produced by vessel owners of all countries which are a part of the shipping convention

• The first level of compensatory contribution is required to be borne by the vessel owner to the extent of US$ 175 million

• The second level of compensatory contribution is required by the receiving party of the shipped cargo to the extent of US$ 375 million

• The second level of compensation will be offered to the claimants to' the extent of the amount not compensated by the first level of

compensatory allowance

The maximum amount payable by the HNS Fund in respect of any single incident is 250 million SDR, including the sum paid by the shipowner or

his insurer.

The HNS Convention has'still not been formally implemented as several countries in the world are yet to ratify it. As per the rules of ratification, the

convention will formally enter into force one-and-a-half years post the signature of 12 countries signing the ratification agreement. Even

among these signatories, there have to be:

• Four member countries which have a vessel tonnage of two million gross tons

• Four member countries which have recorded shipping activities of 40 million tons of such aforementioned hazardous substances in the year

immediately preceding their ratification

• Presently Canada, Turkey, Netherlands, Denmark, Greece, France, Germany and Norway are the eight countries that have ratified the HNS

Convention.

Civil Liability-2001

Strict Llability Régime-Bunker Convention was adopted to ensure that adequate, prompt, and effective compensation is available to persons who

suffer damage caused by spills of oil, when carried as fuel in ships' bunkers.The Convention applies to damage caused on the territory, Including

the territorial sea, and in exclusive economic zones of States Parties. The bunkers convention provides a free-standing instrument covering

pollution damage only. A brief is stated below.

BUNKER CONVENTION, 2001: - International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER) was Adopted on 23 March

2001; & was Entered Into force on 21st November 2008.The Convention was adopted to ensure that adequate, prompt, and elfective compensation

Is available to persons who suffer damage caused by spills of oil, when carried as luel in ships' bunkers.

The Convention applies to damage caused on the territory, including the territorial sea, and in exclusive economic zones of States Parties. The

bunkers convention provides a free-standing instrument covering pollution daniage only.

"Pollution damage" means:

• Loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship, wherever such

escape or discharge may occur, 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

• The costs of preventive measures and further loss or damage caused by preventive measures.

The convention is modelled on the International Convention on Civil Liability for Oil Pollutioh Damage, 1969. As with that convention, a key

requirement in the bunkers conventiori is the need for the registered owner of a vessel to maintain compulsory Insurance cover.

Another key provision is the requirement ror direct action - this would allow a claim for compensation for pollution damage to be brought directly

against an insurer. The Convention requires ships over 1,000 gross tonnage to maintain insurance or other financial security, such as the guarantee

of a bank or similar financial institution, to cover the liability of the registered owner for pollution damage in an amount equal to the limits of

liability under the applicable national or international limitation regime, but in all cases, not exceeding an amount calculated in accordance with the

Convention on Limitation of Liability for Maritime Claims, 1976, as amended.

Nairobi Wrecks Removal-2007

Nairobi Wreck Removal Convention 2007 The Nairobi International Convention on the Removal of Wrecks, 2007, was adopted by an international conference held in Kenya in 2007 and a treaty of the IMO. he Convention will provide the legal basis for States to remove, or have removed, shipwrecks that may have the potential to affect adversely the safety of lives, goods and property at sea, as well as the marine environment.The Convention will nill a gap in the existing international legal framework by providing the first set of uniform international rules aimed at ensuring the prompt and eflective removal of wrecks located beyond the territorial sea. Articles in the Convention cover: Reporting and locating ships and wrecks - Covering the reporting of casualties to the nearest coastal State; warnings to mariners and coastal States about the wreck; and action by the coastal State to locate the ship or wreck; • citeria for determining the hazard posed by wrecks, including depth of water above the wreck, proximity or shipping rautes, traffic density and Frequency, type of traffic and vulnerability of port facilities. Environmental criteria such as damage likely to result from the release into the marine environment of cargo or oil are also induded; - measures to facilitate the removal of wrecks, including rights and obligations to remove hazardous ships and wrecks - which sets out when the shipowner is responsible for removing the wreck and when a State may intervene; • liability of the owner for the costs of locating, marking and removing ships and wrecks - the registered shipowner is required to maintain compulsory insurance or other financial security to cover liability under the convention; and • settlement of disputes. The convention entered into force on 14 April 2015 after being ratiried by ten states.

Search This Blog

MEO Class-2 MMD Exams