Civil liability for oil pollution damage: Bunkers Convention

SUMMARY OF:

Decision 2002/762/EC authorising EU countries to sign, ratify or accede to the Bunkers Convention

SUMMARY

WHAT DOES THIS DECISION DO?

It authorises EU countries to sign, ratify or accede to the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunkers Convention).

KEY POINTS

The Bunkers Convention was adopted under the auspices of the International Maritime Organisation (IMO) to ensure adequate, prompt and effective compensation for those who suffer damage caused by spills of oil carried as fuel in ships’ bunkers.

Compatibility with EU rules

Scope

The convention applies to:

It does not apply to warships, naval auxiliary or other ships owned by a country. However, any country which is a party to the convention may decide to apply it to such ships.

Liability of the shipowner

The shipowner at the time of an incident is liable for all pollution damage caused by its bunker oil. However, the shipowner will escape liability if they can prove that:

Compulsory insurance or financial security

Jurisdiction and enforcement of judgments

Time limits

FROM WHEN DOES THE CONVENTION APPLY?

The Council decision called on EU countries to take the necessary steps to deposit their instruments of ratification or accession if possible before 30 June 2006.

EFFECT

As of 2015, all 28 EU countries had ratified/acceded to the convention in accordance with the Council decision.

ACT

Council Decision 2002/762/EC of 19 September 2002 authorising the Member States, in the interest of the Community, to sign, ratify or accede to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention) (OJ L 256, 25.9.2002, pp. 7-8)

RELATED ACTS

Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, pp. 1-32)

Successive amendments to Regulation (EU) No 1215/2012 have been incorporated in the original text. This consolidated version is of documentary value only.

last update 14.03.2016