The International Convention on Civil Liability for Bunker Oil Damage, 2001 comes into effect November 21, 2008.All ships under Belize are required to be fully compliant.
The Bunker Convention provides a legal regime which enables adequate prompt and effective compensation to be provided to persons who suffer loss or damage arising from the escape or discharge of bunker oil as defined under the Convention.
The Scope of the Bunker Convention extends to an seagoing vessels of any type whatsoever and to pollution damage caused by bunker on including measures taken to prevent or minimize such pollution damage. Bunker oil is defined under the Convention as any hydrocarbon mineral oil, including lubricating oil used or intended to be used for the operation or propulsion of the ship and residues of such cut.
The Bunker Convention applies exclusively to pollution carnage caused m the territory, including the territorial sea and the Exclusive Economic Zone of a State Party and therefore Jamaican vessels which call at the ports or operate in the waters of State parties will be subject to the provisions of the Convention. The list of State parties can be found on the IMO website (www.imo.org).
The Bunker Convention also provides for compulsory insurance and direct action, the latter allowing a claimant to file their claim directly with the insurers. Of note the definition of ship owners includes the registered owner, bareboat charterer, manager and operator of the ship.
Shipowners are entitled to limit their liability for pollution damage claims arising under the Convention to under any applicable national or International regime which in the case of Jamaica is the Convention on the Limitation of Liability for Maritime Claims 1976 as amended by the Protocol of 1996 when is incorporated m Part XIII of the Sniping Act 1998.
Request for a Certificate of insurance or other financial security in respect of civil liability for bunker oil pollution damage can be sent by the registered owner to our e-mail address: firstname.lastname@example.org using the prescribed Application form. Additionally the applicant provides Cover note or Declaration from the insurance company (Blue Card) confirming that the ship is covered by insurance in case of damage by bunker oil must be attached to the application and copy of Certificate of Registry.
A Bunker Certificate of Insurance will be issued by Maritime Authority of Belize to confirm each vessel is in compliance with the Convention. The Certificate will be valid for the period of the insurance coverage.
Vessels found without a valid original Bunker Certificate of Insurance on board alter 21 November 2008 could be subject to detention.