Background and Relevance of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001

The International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention) was adopted on March 23, 2001, and came into force on November 21, 2008. The convention was established 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. It applies to damage caused on the territory, including the territorial sea, and in exclusive economic zones of States Parties.

Key Definitions under the Bunker Convention

1. Pollution Damage:
   1. Definition: Loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship.
   1. Difference from CLC92: Similar to the International Convention on Civil Liability for Oil Pollution Damage (CLC92), but specifically applies to bunker oil rather than oil carried in bulk as cargo.
2. Bunker Oil:
   1. Definition: 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.
   1. Difference from CLC92: Bunker oil includes a broader range of hydrocarbons compared to the persistent hydrocarbon mineral oils (e.g., crude oil, fuel oil, heavy diesel oil) covered by CLC92.
3. Time Limits for Claims:
   1. Definition: Claims for compensation must be brought within three years from the date of the incident or the date when the damage occurred.
   1. Difference from CLC92: Similar time limits apply under CLC92, but the Bunker Convention is a single-tier regime without a second tier of compensation provided by an international fund as in CLC92.
4. Exclusions:
   1. Definition: Exclusions include damage caused by war, hostilities, civil war, insurrection, or acts of terrorism.
   1. Difference from CLC92: Similar exclusions apply under CLC92, but the Bunker Convention specifically addresses bunker oil spills from ships not covered by CLC92.

Summary

The Bunker Convention ensures compensation for pollution damage caused by bunker oil spills, with specific definitions and time limits for claims. It differs from CLC92 in its broader scope of hydrocarbons and single-tier compensation regime.