Sunday, February 26, 2017

Bunker Convention

The Union Cabinet has approved the Ministry of Shipping's proposal for India's accession to the International Convention on Civil Liability for bunker oil pollution damage, 2001, of the International Maritime Organization (IMO), as well as to amend the Merchant Shipping Act, 1958, to give effect to the Bunker Convention, Nairobi Convention and Salvage Convention.

About International Maritime Organization (IMO):-

A​​s a specialized agency of the United Nations, IMO is the global standard-setting authority for the safety, security and environmental performance of international shipping. 
  • Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented.
  • In other words, its role is to create a level playing-field so that ship operators cannot address their financial issues by simply cutting corners and compromising on safety, security and environmental performance. 
Bunker Convention:-
  • The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001, known as Bunker Convention, provides for "adequate, prompt, and effective compensation" for damage caused by spills of oil carried as fuel in ships' bunkers.

  • The territorial jurisdiction for damage compensation extends to territorial sea and exclusive economic zones, it applies to an Indian vessel irrespective of its location, and a foreign flag vessel within Indian jurisdiction.

Details:-
  • The registered owner of every vessel has to maintain a compulsory insurance cover which allows claim for compensation for pollution damage to be brought directly against an insurer.


  • Every ship above 1,000 gross tonnage needs to carry a certificate on board to the effect that it maintains insurance or other financial security such as guarantee of a bank or a similar financial institution.
  • In India, the Directorate General of Shipping would issue the certificate while in foreign countries, respective maritime authorities would do the needful, the statement said.


  • No vessel will be permitted to enter or leave India without such a certificate.

  • The Bunker Convention 2001 is already in force since November 2008 and maritime countries accounting for 91 per cent of world shipping tonnage are signatories to this Convention.
Nairobi International Convention on the Removal of Wrecks:-

The Nairobi International Convention on the Removal of Wrecks, 2007, was adopted by an international conference held in Kenya in 2007. 
  • The 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.

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