1. Department for Maritime and Transport Law| May 24th 2018 Dr. Iva Savić
Pollution of Sea
Department for Maritime and Transport Law| May 24th 2018
Dr. Iva Savić

2. Types of non-contractual damages
death and personal injuries of persons at sea
damage to things and the environment
OIL POLLUTION
> oil as cargo
> oil used as fuel
nuclear damage
wreck removal

3. CLC SYSTEM
Carriage of Oil as Cargo

4. Damage Scope of damage: damage or loss occurring outside of vessel,
marine pollution due to spill of oil (marine environmental damage)
reasonable measures (to be) undertaken for restoration purposes
Compensation claim
Exclusively against shipowner (shipowner’s insurer) – against other persons only if they act with intent or recklessly with knowledge
Actio directa vs. Pay-to-be-Paid rule

5. Limitations of liability 1. shipowner
Loss of right to limit – personal act or omission with intent, recklessly with knowledge
Limitation of liability fund
Mandatory third party liability insurance for vessel carrying over t of oil
Gross tonnage
Limit
to 5000 gt
SDR gt
+ 431 SDR for each gt
over gt
SDR
SDR ~
US$

6. Limitations of liability 2. International Fund
Oil importers
countries with more than t or crude oil (or other oil) carried through domestic maritime ports
Upper liability limit – SDR
Around US$ (including the shipowner’s part)
Fund is responsible:
When no shipowner’s responsibility in accordance with the Convention
When damage above shipowner’s responsibility
When shipowner’s not financially capable to cover damage

7. 3. supplementary fund on EU Initative voluntary
Importers – same rules as in Fund Convention
Upper liability limit – SDR
Around US$ (including the shipowner’s and Fund’s part)
TOPIA and STOPIA
1969 – 2003 = SDR – SDR
1 : 53,5

8. 2003 Supplementary Fund Convention
Oil importers mil. SDR
Third Layer
2003 Supplementary Fund Convention
Oil importers mil. SDR
Second Layer
1992 Fund Convention
Shipowner / P&I club mil. SDR
First Layer
1992 CLC Convention

9. HNS System
Carriage of Hazardous and Noxious Substances

11. Responsibility and Liability for spill of hazardous and noxious substances
International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS, not in force)
2010 Protocol (not in force)
What are “HNS”? > defined in IMO’s interntional legal instruments
Damage defined in accordance with the CLC/IOPC system + damage due to death/injury on a ship

12. imo conventions/ regulations defining lists of HNS
liquids > International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) (chapter 17 )
gases > International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) (chapter 19)
Solids in bulk > Appendix 9 Code of Safe Practice for Solid Bulk Cargoes (BC Code)
Packaged goods > International Maritime Dangerous Goods Code (IMDG Code)

13. defining HNS GENERAL RULE If a substance has
low level of biodegradation or high persistance,
high level of bioaccumulation,
is classified as toxic/flameable/explosive /corosive or reactive
> PROBABLY will be treated as HNS
(more than HNS)

14. Damage compensation Two-layer system
Shipowner
Fund (importers of hazardous and noxious substances)
principle: strict liability (relative causation)
3 exclusions (CLC based)
+ shipper’s omission to notify the shipowner with regard the HNS loaded onto board that have caused the damage, or that caused the failure to obtain the mandatory insurance required by HNS convention

15. liability limitation
* slightly different when incl packaged HNS > max 115 mil SDR
obligation to establish liability limitation fund
direct claim
HNS Fund – liabillity up to 250 mil. SDR
- reasons to avail it from liability same as for IOPC Fond
vessel tonnage
limitation/bulk HNS*
up to gt
10 mil SDR gt
+1500 SDR for each additional gt
above gt
+ 360 SDR for each additional gt
max. 100 mil. SDR
(approx 175 mil. $)

16. current status
3 ratifications so far (Norway, Canada, Turkey) /+ 5 signatories > long way untill it enters into force
>18 months after the date on which it is ratified by at least 12 States, including 4 States each with not less than 2 million units of gross tonnage, and having received during the preceding calendar year a total quantity of at least 40 million tonnes of cargo that would be contributing to the general account

17. Bunker System
oil as fuel

18. oil fuel marine pollution
International Convention on Civil Liability for Bunker Oil Pollution, 2001 /in force since 2008
“BUNKER OIL” = any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil
(!) excluding pollution from tankers
applies to damage caused on the territory of States Parties (including the territorial sea, and in exclusive economic zones)

19. differences - compared to clc system
modelled on 1969 CLC, but…
(!) larger number of potentially liable persons: shipowner, charterer, ship operator, agent; no special protection of third parties (ie salvors…)
liability principle: strict liability/ exoneration reasons >CLC based
(!) No special limitation of liability system > LLMC/national law applicable
compulsory insurance cover for vessels over 1000 gt > actio directa