The International Convention on Civil Liability for Bunker Oil
Pollution Damage was adopted on the 23rd of March 2001 and has
entered into force on the 21st of November 2008. As of the 12th of
February 2009 Malta has adhered to this convention which deals with
oil spills when the oil is carried as fuel in the ship’s bunkers.
The damage caused has to be within the territorial seas and
Exclusive Economic Zone (EEZ) of the States Party to the Convention.
Important Features of the Convention
Pollution damage is defined under the convention as covering loss or
damage by contamination from the escape or discharge of bunker oil.
The discharge may occur outside the territorial seas or EEZ of the
State party as long as the damage sustained takes place within such
areas. The costs incurred for preventive measures are also to be
taken into consideration as pollution damage.
The Convention obliges the shipowner to maintain compulsory insurance
cover and consequently, there is the possibility for the claimants
to institute actions directly against the insurance provider. This
applies to all those vessels which are over 1,000 gross tonnage. The
amount of insurance coverage has to be equal to the maximum
limitation which the shipowner is liable for under the applicable
national or international limitation regime.
Malta’s Perspective: Protection and Compensation
Malta, being an island in the middle of the Mediterranean can boast of
a large number of ships visiting its shores, including container
vessel, ro-ro ships and cruise liners. Although boosting the Maltese
economy these are also a potential for a catastrophe if an accident
occurs and bunker oil is spilled. This could result in beaches being
contaminated and ports closed. Henceforth, by ratifying this
convention Malta will at least be guaranteed a certain amount of
compensation.
