The bunker convention

In 2001 a new International Convention on Civil Liability for Bunker Oil Pollution Damage was adopted by the International Maritime Organisation (IMO). The convention in question provides uniform regulations concerning shipowners’ liability for damages caused by bunker oil. Shipowners retain their right to limit said liability.
After receiving the required number of ratifications, the convention became effective on 21 November 2008. In the Netherlands, the convention has been approved by the cabinet but still has to be discussed in Parliament. As we speak (January 2010) the draft legislation is being processed in the Second Chamber of Parliament.

The convention introduces compulsory insurance against bunker oil pollution for registered owners of vessels of more than 1000GT gross tonnage. As evidence of the required insurance, shipowners will have to carry a government issued certificates on board each of their ships. Since the convention has not as yet been ratified by the Netherlands, the Dutch government cannot yet issue the certificates in question. Other registers too are encountering this hurdle. Following consultation with the various governments and the International Group of P&I Clubs, a considerable number of states have agreed to issue certificates for ships registered in so-called non-State Parties. KVNR members have availed themselves of the foreign option for their Dutch-registered ships throughout 2008.