Professional Documents
Culture Documents
HANDBOOK
Cover photo: Fish catch, Port of Essaouira, Morocco, October 2014
In the Event of a Spill of Oil
or
Hazardous and Noxious Substance (chemical)
Emergency Contact – Business Hours
Please use ITOPF’s office telephone number:
+44 (0)20 7566 6999
We are aware that there have been difficulties using our 24hr emergency pager number from
some countries. An alternative number to try if this should occur is: +44 (0)20 7566 6998.
These numbers are linked to a message paging system. Callers should therefore be ready to leave
their name, contact number and a brief message. The member of the ITOPF technical staff who
is on duty will return the call and will require as much of the following information as possible:
Essential Information
• Contact details of the person reporting the incident
• Name of vessel and owner
• Date and time of the incident (specifying local time or GMT/UTC)
• Position (eg latitude and longitude or distance and direction from the nearest port or
landmark)
• Cause of the incident (eg collision, grounding, explosion, fire, etc) and nature of damage
• Description and quantity of cargo and bunker fuel on board
• Estimate of the quantity spilt or likelihood of spillage
• Name of the cargo owner
• Action, both taken and intended (and by whom), to combat pollution
• Status of the vessel and any planned salvage activities
1
Contents
In the Event of a Spill of Oil or Hazardous and Noxious Substance (chemical). . . . . . 1
ITOPF Directors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
An Introduction to ITOPF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Technical Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ITOPF R&D Award. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Information Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Publications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Oil Spill Statistics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Fate of Marine Oil Spills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Oil Classification Table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Oil Spill Clean-up Techniques. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Organisation of Spill Response and Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Effects of Marine Oil Spills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Spill Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Civil Liability and Fund Conventions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
STOPIA & TOPIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Bunker Spills Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
HNS Convention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Wreck Removal Convention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
National Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Oil Pollution Act of 1990. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
OPRC Convention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Status of International Conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Useful Addresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Terms and Conditions of Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Terms and Conditions of Associate Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
2
ITOPF Directors
Mr P Rodgers Euronav (Chairman)
Dr K J Purnell ITOPF Ltd (Managing Director)
Mr J Buono ExxonMobil, SeaRiver Maritime Inc
Mr B Chiu BW Maritime Pte Ltd
Mr M H Engelstoft Maersk Tankers A/S
Capt B Ghouth Saudi Aramco
Mr P J Goulandris Triandros Corporation
Mr E Hånell Stena Bulk AB
Mr J Hare Assuranceforeningen Skuld
Dr G Henderson Shell International Trading & Shipping Co Ltd
Capt Jones Transpetro
Mr D R Kurz Keystone Shipping Corporation
Mr M Martecchini Stolt Tankers BV
Mr H Nagasawa NYK Line
Mr N Ohsumi Japan Shipowners Mutual P&I Association
Mr S Popravko SCF Unicom Management
Mr D J Ridgway BP Shipping Ltd
Mr S Rosina Premuda Group
Mr M H Ross Chevron Shipping Company LLC
Ms I Sæther Teekay Shipping
Mr N H Schües F Laeisz GmbH
Mr B Sheth Great Eastern Shipping Company Ltd
Mr H Takahashi JX Ocean Company Ltd
Mr C Trappe North of England P&I Association
Mr C Williams Steamship Insurance Management Services Ltd
Capt Zhu Mai Jin China Shipping Tanker Company Ltd
3
An Introduction to ITOPF
4
Staffing
Managing Director
Technical Director
5
Technical Support Manager
Tim Wadsworth has degrees in engineering and law and joined ITOPF in
1991. He became Technical Support Manager in 2006 and is responsible
for ITOPF’s technical support functions, including the assessment of claims.
Amanda Howarth has an MBA and joined ITOPF in 2000. She has over
15 years experience of the tanker industry and has worked as Financial
Controller for small entities for over 20 years. Her responsibilities at ITOPF
include the management of its financial affairs, membership procedures
and company administration.
Technical Advisers
Dr Nicola Beer is a marine ecologist who has previously worked in the UK,
New Zealand and the Caribbean. She has experience in environmental
impact assessment in relation to marine aggregate extraction and fisheries
characterisation and monitoring. She joined ITOPF in 2011.
6
Dr Joe Green has a degree in marine geography and researched the
reuse of oil from marine spill incidents for his PhD. He has experience in
coastal and offshore biological and hydrographic survey techniques and
has taught and lectured in the UK and overseas. Prior to joining ITOPF in
2012, he worked as a statutory adviser at Natural England.
IT Systems Manager
Information Officer
8
Membership Secretary
Finance Officer
Finance Assistant
Melanie Keeble joined ITOPF in 2014. She has previously worked for
charities and non-profit organisations supporting Directors and their
teams. Her role at ITOPF includes administration for events, as well as
wider company administrative support.
9
Technical Services
Response to Marine Spills be at risk in the affected country, as
well as on the national arrangements
Responding to ship-source spills of oil or for spill response. This and other
chemicals is ITOPF’s priority service and relevant information is summarised in
is normally performed, without charge, the appropriate Country Profile, the
at the request of one of its Members or complete series of which can be found
Associates and their P&I insurers. The on ITOPF’s website. This is also the
IOPC Funds also usually call on ITOPF’s source of other relevant information, for
technical services for oil spills with which example, on the applicable liability and
they are involved. compensation regime.
10
effective as possible and that damage
is minimised, but also that subsequent
claims for compensation can be dealt
with promptly and amicably.
11
ITOPF’s advice is also sought regularly that this will happen if effort has been
on environmental damage caused by devoted beforehand to the preparation
spills, and on the feasibility and technical of a contingency plan that is both
justification of proposed restoration comprehensive and realistic.
measures designed to enhance natural
recovery. Using their extensive practical
experience of spill response around
ITOPF’s role in damage assessment and the world, ITOPF’s staff often advise
claims analysis is limited to providing governments, industry, international
advice on the technical merit of claims. agencies and other organisations on the
The final decision on settling any claim preparation of contingency plans and
rests with those who will pay the actual related matters.
compensation, usually a P&I insurer
and/or the IOPC Funds. Training and Education
12
ITOPF R&D Award
thinking and provide realistic solutions Proposals are evaluated by the ITOPF
to the challenges of spill response and R&D Committee, comprised of objective
environmental monitoring. scientists with a wealth of experience
in maritime and environmental issues
The Award is open to any reputable R&D and a keen focus on developing young
establishment or other organisation talent in these areas. For details on how
worldwide intending to fund a candidate to apply, visit the ITOPF website.
Information Services
www.itopf.com comprehensive of its kind and allows
long term trends to be analysed (see
ITOPF’s website contains background pages 16 and 17 for details).
information on ITOPF and news of
current activities, as well as technical Country Profiles
advice on spills of oil and chemicals.
A series of Country Profiles, summarising
Library the spill response arrangements
and clean-up resources in some 160
To support its technical services, maritime states, are freely available on
ITOPF maintains an extensive library ITOPF’s website.
of publications and information on
clean-up techniques, effects and other GIS
related issues. Visitors are welcome by
appointment. The Oil Spills Database and Country
Profiles can be displayed on ITOPF’s
Databases Geographic Information System (GIS)
accessed via the website. This also
Since 1970, ITOPF has maintained a displays tanker traffic and cargo volume
worldwide database of accidental oil routing data, as well as the status of
spills from tankers, combined carriers relevant conventions.
and barges. This is probably the most
13
Publications
Associates and others around the 1. Aerial observation of marine oil spills
world in touch with developments 2. Fate of marine oil spills
in spill preparedness, response and 3. Use of booms in oil pollution
compensation. response
4. Use of dispersants to treat oil spills
Technical Services Brochure 5. Use of skimmers in oil pollution
response
A 6 page brochure providing an 6. Recognition of oil on shorelines
introduction to ITOPF and the 7. Clean-up of oil from shorelines
technical services it provides. Contact 8. Use of sorbent materials in oil spill
terrygoodchild@itopf.com for a hard response
copy or download a PDF from ITOPF’s 9. Disposal of oil and debris
website. 10. Leadership, command & management
of oil spills
Technical Information Papers 11. Effects of oil pollution on fisheries
and mariculture
ITOPF’s Technical Information Papers 12. Effects of oil pollution on social and
(TIPs) cover a specific topic in a concise economic activities
manner (8-20 pages), illustrated by 13. Effects of oil pollution on the marine
colour photographs and diagrams. The environment
series was updated and expanded in 14. Sampling and monitoring of marine
2012 to reflect technological advances oil spills
and ITOPF’s more recent collective 15. Preparation and submission of claims
experience on a wide range of marine from oil pollution
pollution topics. The TIPs are available 16. Contingency planning for marine oil
as hard copies and PDFs in English, spills
French and Chinese and as PDFs only 17. Response to marine chemical
in Russian, Spanish, Arabic and Korean. incidents
One set of hard copies is available free Response to Marine Oil Spills –
of charge. Additional TIPs are charged Book
at £1 per paper (ie £17 per set) plus
postage. If more than 10 sets are Updated in 2012, this book provides a
ordered, the cost reduces to £12 per set comprehensive review of the problems
plus postage, contact terrygoodchild@ posed by marine oil spills and available
14
response measures. Available as a Oil Tanker Spill Statistics
hardback or e-book, priced £95 from:
An annual publication providing data
Witherby Seamanship International on accidental oil spills from tankers,
4 Dunlop Square, Livingston, combined carriers and barges since
Edinburgh EH54 8SB 1970, derived from ITOPF’s database.
Tel: +44(0) 1506 463 227 Hard copies are available free of
Fax: +44(0) 1506 468 999 charge, contact terrygoodchild@itopf.
Web: www.witherbyseamanship.com com, or download a PDF from ITOPF’s
E-Mail: info@emailws.com website.
15
Oil Spill Statistics
1970-79:
24.5 spills
per year on
35 average
30
1980-89:
25 1990-99:
Number of Spills
9.4 spills
per year on 7.7 spills
average per year on 2000-09:
20
average 3.4 spills 2010-14:
per year on 1.8 spills
15 average per year on
average
10
0
1970 1974 1978 1982 1986 1990 1994 1998 2002 2006 2010 2014
SEA EMPRESS
KHARK 5 72,000 Tonnes
400
70,000 Tonnes
PRESTIGE
300 63,000 Tonnes
EXXON VALDEZ
37,000 Tonnes
ERIKA
20,000 Tonnes
200 HEBEI SPIRIT
11,000 Tonnes
100
0
1970 1974 1978 1982 1986 1990 1994 1998 2002 2006 2010 2014
16
being responsible for a high percentage tonnes) occurred while the vessel was
of the total annual quantity. underway in open water and 17% while
underway in inland or restricted waters.
Causes of Spills The main causes of larger spills were
allisions/collisions (30%) and groundings
Spills of different sizes have been (33%). Other significant causes include
evaluated in terms of the operation taking hull failures and fire/explosion.
place at the time and the primary event
leading to the spill. During the period More detailed information is available
1970-2014, 50% of larger spills (>700 on the ITOPF website.
UNDERWAY
(Open Water)
50%
OTHER/
UNKNOWN
18%
UNDERWAY
(Inland/Restricted) BUNKERING
17% <1%
AT ANCHOR
(Open Water) AT ANCHOR LOADING/
2% (Inland/Restricted) DISCHARGING
4% 9%
OTHER/UNKNOWN
9% ALLISION/
COLLISION
FIRE/EXPLOSION
30%
11%
EQUIPMENT
FAILURE
4%
HULL FAILURE
13%
GROUNDING
33%
17
Fate of Marine Oil Spills
18
Volume of oil and water-in-oil emulsion remaining on the
sea surface, as a percentage of the original volume spilt
that would normally be defined as non- which, for most oils, leads to an increase
persistent. in volume.
19
CLASSIFICATION OF OILS
ACCORDING TO THEIR SPECIFIC GRAVITY
20Example oils classified according to their ˚API (American Petroleum Institute gravity). Indicative ranges of expected
viscosities and distillation characteristics are provided for each group. Generally, when spilt, persistence increases with
group number. However, if an oil cools to below its pour point temperature, it will change from a liquid to a semi-solid.
This can occur for certain oils irrespective of whether they are classed as Group 2, 3 or 4. The pour points of oils classed as
Group 1 are sufficiently low so as not to be a concern in the marine environment.
Oil Spill Clean-up Techniques
21
sea. The oil is broken down into tiny
droplets which are dispersed into the
water column, where they are diluted
by currents and eventually break down
naturally.
Dispersants
Dispersant chemicals work by enhancing
the natural dispersion of the oil into the
22
Highest priority should be given to
protecting coastal resources which are
particularly sensitive to oil pollution and
which can be boomed effectively. These
can include fish and shellfish farms,
industrial water intakes, leisure facilities
such as marinas, and environmentally
sensitive areas, such as bird colonies.
23
allow natural clean-up and recovery
to take its course. Experience around
the world has shown, for example, that
sensitive areas such as marshes and
mangroves often recover more quickly
and completely if invasive clean-up
techniques and physical disturbance are
avoided. Natural cleaning can also be
very effective on rocky shores that are
exposed to strong wave action.
Bioremediation
The application of oil-degrading
bacteria and nutrients to contaminated
shorelines to enhance the process of
natural degradation has generated
to further pollution of surrounding areas. considerable interest for more than
A combination of clean-up techniques two decades. However, it has so far not
is normally used when cleaning been demonstrated to be technologically
contaminated shorelines, including feasible or beneficial for large-scale
manual and mechanical removal, flushing restoration projects.
or washing with water at high or low
temperatures and pressures, and even Disposal
wiping with rags and sorbent materials.
At-sea recovery and shoreline clean-up
It is important to choose techniques generate substantial amounts of oil and
which are appropriate for the level of oily waste which need to be transported,
contamination and shoreline type, which temporarily stored and ultimately
may range from mud flats, through disposed of in an environmentally
sandy and cobble beaches, to rocky acceptable manner. Such operations
shores and high cliffs, as well as to man- often continue long after the clean-up
made structures such as breakwaters phase is over.
and protective walls.
Liquid oil and oily water may be
It is important to ensure that the reprocessed at a refinery. Oily material
techniques selected do not do more can be used as a low-grade feedstock
harm than good. This requires a site- in some industrial processes and it may
specific assessment of the environ- also be stabilised for use in construction
mental and economic benefits of the projects, as a low-cost secondary raw
proposed actions. In some cases the material. More traditional disposal routes
most appropriate strategy will be to include incineration and landfill.
24
Organisation of Spill Response and Planning
25
team will need to look after the various
components of the overall operation, as
well as logistic support, record keeping
and financial control.
26
technical in nature. There is a greater receive regular factual updates, without
likelihood that prompt and effective interfering with the control and conduct
response decisions will be made if of the actual response operation.
considerable effort has been devoted in
advance of any spill to the preparation of Completed contingency plans may look
comprehensive, realistic and integrated impressive but, in reality, the final product
contingency plans for different levels of is less important than the actual process
risk. Issues that are difficult to resolve of planning. Thus, the main benefit of
prior to an incident are likely to become developing a plan comes from gathering
serious conflicts in the highly charged all the necessary data, consulting and
atmosphere following a major spill when getting to know all potentially interested
everyone should be working together, parties, and resolving potential disputes
with the common purpose of cleaning in a calm atmosphere. For this reason it is
up the pollution as effectively as possible important that those who will be required
with the minimum of damage to the to implement the plan should also be
environment and economic resources. closely involved in its preparation.
27
Effects of Marine Oil Spills
Environmental Impacts than good and then it is better to let
natural cleaning processes take their
Oil spills can have serious effects on course.
marine life, as highlighted by the photos
of dead birds which immediately appear The marine ecosystem is highly
in the news after any spill. Such images complex and natural fluctuations in
fuel the perception of widespread and species composition, abundance and
permanent environmental damage distribution are a basic feature of its
after every spill, and an inevitable loss normal function. The extent of damage
of marine resources. A science-based can therefore be difficult to detect
appraisal of the effects reveals that while against this background variability.
damage occurs and may be profound Nevertheless, the key to understanding
at the level of individual organisms, damage and its importance is whether
populations are more resilient and spill effects result in a downturn in
natural recovery processes are capable breeding success, productivity, diversity
of repairing the damage and returning and the overall functioning of the
the system to normal functions. The first system.
stage on the road to recovery is usually
a well conducted clean-up operation The exact nature and duration of any
but in some specific habitats aggressive impacts from an oil spill depend on a
clean-up methods can cause more harm number of factors. These include the
type and amount of oil and its behaviour
once spilt; the physical characteristics of
the affected area; weather conditions
and season; the type and effectiveness of
the clean-up response; the biological and
economic characteristics of the area and
their sensitivity to oil pollution. Typical
effects on marine organisms range across
a spectrum from toxicity (especially for
light oils and products) to smothering
(heavier oils and weathered residues).
The presence of toxic components does
not always cause mortality, but may
induce temporary effects like narcosis
and tainting of tissues, which usually
subside over time. Some typical oil
impacts are described below.
28
mobilisation of experts and resources
and the application of appropriate
methods and protocols. Consideration
of a wildlife response during
contingency planning improves the
chances of success as has been shown
by long-term studies on the survival rate
of rehabilitated birds after release.
29
the sea by wave action or by dispersant other severe stresses. This tolerance
chemicals used inappropriately. In many also gives many shoreline organisms the
circumstances the dilution capacity is ability to withstand and recover from oil
sufficient to keep oil concentrations in the spill effects.
water below harmful levels, but in cases
where light, toxic products have become Rocky and sandy shores exposed to
dispersed, or in major incidents where wave action and the scouring effects
heavy wave action has dispersed large of tidal currents tend to be resilient to
volumes of oil close inshore, large kills of the effects of a spill and they usually
marine organisms such as shellfish have self-clean quite rapidly. Rocky shores
occurred. Post-spill studies reveal that exposed to wave action are often
recovery has taken place in a relatively quoted as those which recover most
short timescale and impacts are rarely rapidly, and there have been many
detectable beyond a few years. cases in which this was true. A typical
example of impact on this habitat is the
Shorelines temporary loss of a keystone species,
Shorelines, more than any other part of the limpet, which is a grazing snail,
the marine environment, are exposed which leads to a ‘bloom’ of seaweeds in
to the effects of oil as this is where it their absence. Because of the increased
naturally tends to accumulate. However, availability of their food source, re-
many of the animals and plants on colonisation by limpets usually follows
the shore are inherently tough since rapidly and the normal grazing pattern
they must be able to tolerate periodic is re-established.
exposure to pounding waves, drying
winds, high temperatures, rainfall and However, in some circumstances, subtle
30
changes to rocky shore communities
can be triggered by a spill, which can
subsequently be detected for ten or
more years. Although the functioning,
diversity and productivity of the
ecosystem is restored, the detailed
distribution of particular species present
may alter.
31
maximum advantage of available space establishment of a community of plants
and resources in the sea. In some cases, and animals which are characteristic
only one or two individuals in a million of the habitat and are functioning
actually survive through to adulthood. normally in terms of biodiversity and
This over-production of young stages productivity.
ensures that there is a considerable
reservoir not only for the colonisation of Restoration
new areas, but also for the replacement Removal of bulk oil contamination
of any adults which have been killed either through natural processes or
as a result of predation or some other a well conducted clean-up operation
calamity. Long-lived species, that do not is the first stage of the recovery of a
reach sexual maturity for many years damaged environment. Thereafter it
and which produce few offspring, are may be justified to take further active
therefore likely to take longer to recover steps to restore lost resources and
from the effects of an oil spill. encourage natural recovery, especially in
circumstances where it would otherwise
While there may be considerable be relatively slow. An example of such
debate over what constitutes recovery, an approach following an oil spill would
there is a widespread acceptance that be to replant a saltmarsh or mangrove
natural variability in systems makes after the bulk oil contamination has been
getting back to the exact pre-spill removed. In this way erosion of the area
condition unlikely, and most current would be minimised and other forms of
definitions of recovery focus on the re- life would be encouraged to return.
32
While it may be possible to help restore
damaged vegetation and physical
structures, designing meaningful
restoration strategies for animals is
a much greater challenge. In some
cases it may be warranted to protect
a natural breeding population at a
nearby, un-oiled site, for example by
predator control, to provide a reservoir
from which re-colonisation of the
damaged areas can occur. In reality, the
complexity of the marine environment
means that there are limits to which
ecological damage can be repaired by
artificial means. In most cases natural
recovery is likely to be relatively rapid
and will only rarely be outpaced by
restoration measures.
drawing in floating oil. The normal
Economic Impacts operations of other coastal industries,
such as shipyards, ports and harbours,
Contamination of coastal amenity can also be disrupted by oil spills and
areas is a common feature of many clean-up operations.
oil spills, leading to interference with
recreational activities such as bathing, Fisheries and Mariculture
boating, angling and diving. Hotel and An oil spill can directly damage the boats
restaurant owners and others who gain and gear used for catching or cultivating
their livelihood from tourism can also marine species. Floating equipment
suffer temporary losses. A return to and fixed traps extending above the
normal requires an effective clean-up sea surface are more likely to become
programme and the restoration of public contaminated by floating oil, whereas
confidence. submerged nets, pots, lines and bottom
trawls are usually well protected
Industries that rely on seawater for provided they are not lifted through
their normal operation can be adversely an oily sea surface. However, they may
affected by oil spills. Power stations and sometimes be affected by dispersed or
desalination plants which draw large sunken oil. Less common is mortality of
quantities of seawater can be particularly stock, which can be caused by physical
at risk, especially if their water intakes contamination or close contact with
are located close to the sea surface, freshly spilt oil in shallow waters with
thereby increasing the possibility of poor water exchange.
33
A common cause of economic loss fishery and alleged effects of a spill, in
to fishermen is interruption to their order to determine the real impacts. In
activities by the presence of oil or the order to make the best assessment of
performance of clean-up operations. damages attributable to contamination
Sometimes this results from a by oil it is necessary to make comparisons
precautionary ban on the catching and of post-spill recovery results with the
sale of fish and shellfish from the area, conditions which pre-existed the spill or
both to maintain market confidence with control areas outside the affected
and to protect fishing gear and catches area.
from contamination. Cultivated stocks
are more at risk from an oil spill: Conclusion
natural avoidance mechanisms may be
prevented in the case of captive species, Pollution incidents can, and do, cause
and the oiling of cultivation equipment a wide range of impacts in the marine
may provide a source for prolonged input environment, but it is all too often
of oil components and contamination stated that a particular event constitutes
of the organisms. Cultured seaweed an “environmental disaster” with dire
and shellfish are particularly vulnerable consequences for the survival of marine
in tidal areas where they may become flora and fauna. The reality is that
contaminated with oil as the tide drops. even after the largest oil spills, such as
TORREY CANYON, AMOCO CADIZ,
It is almost always necessary to make a EXXON VALDEZ, NAKHODKA, ERIKA,
thorough investigation of the status of a PRESTIGE and DEEPWATER HORIZON,
34
the affected environments and environmental and economic impact
associated marine life have recovered is invariably severe in a major incident
remarkably quickly and with no overt and can cause serious distress to the
signs of lasting damage. Perhaps the people living near the contaminated
most compelling fact is that fisheries and coastline, affecting their livelihoods
mariculture resources for which Brittany, and impairing their quality of life, but it
Alaska, Japan, Galicia and the Gulf of is reassuring that natural processes can
Mexico are famous had recovered provide a positive recovery, assisted by
to pre-spill levels within a short an appropriate clean-up and sometimes
period. Nevertheless, the short-term accelerated by restoration measures.
35
Spill Compensation
Civil Liability and Fund one of these States were also party to
Conventions the Supplementary Fund, which entered
into force in 2005.
Those affected by spills of persistent*
crude oil and fuel oil from tankers benefit 1992 CLC
from a uniquely successful international Tanker owners are strictly liable to
compensation regime that was first pay compensation for oil spill damage
devised by the governments of maritime (including clean-up costs) within the
States within the IMO in the late 1960s, Exclusive Economic Zone of an affected
but which was updated in 1992, 2000 State, up to an amount determined by
and 2003. Under this two-tier regime the gross tonnage of the tanker which
both tanker owners and oil cargo is the source of the spill. In order to
receivers contribute to the payment of guarantee that tanker owners are able
compensation up to about US$1.1 billion to meet their maximum potential liability
according to the terms of the 1992 Civil the CLC requires that they maintain
Liability Convention (1992 CLC), the adequate financial security (normally
1992 Fund Convention and its 2003 through oil pollution insurance with a
Protocol (Supplementary Fund). P&I Club). Claims for compensation may
be brought directly against the insurer,
The Conventions apply in any State that thereby avoiding any problems that
chooses to ratify them, irrespective of might be involved in identifying and
the owner and flag of the tanker or the locating the registered owner of the
owner of the cargo. Most claims are tanker. All these measures benefit the
settled promptly without the need for victims. In return the tanker owner may
litigation because the liability of tanker limit his liability to the defined amount,
owners is ‘strict’ (ie there is no need to except in exceptional circumstances.
prove fault).
1992 Fund Convention
As at 1 January, 2015, 114 States were On the relatively rare occasions that valid
party to both the 1992 CLC and 1992 claims exceed the tanker owner’s limit of
Fund Convention (see page 47). Thirty- liability under the 1992 CLC, additional
* Whilst the term persistent oil is not precisely defined in any of the Conventions, the IOPC Funds have
developed guidelines which are widely accepted. Under these guidelines, an oil is considered non-
persistent if at the time of shipment at least 50 per cent of the hydrocarbon fractions, by volume, distill
at a temperature of 340 ˚C (645 ˚F), and at least 95 per cent of the hydrocarbon fractions, by volume,
distill at a temperature of 370 ˚C (700 ˚F), when tested in accordance with the American Society for Testing
and Materials’ Method D86/78 or any subsequent revision thereof. Oils which are normally classified
as persistent include crude oils, fuel oils, heavy diesel and lubricating oils. Non-persistent oils include
gasoline, light diesel oil and kerosene.
36
which export oil or which do not import
more than 150,000 tonnes of crude
oil or heavy fuel oil can have access to
the full amount of compensation in the
event of a tanker spill at no cost to their
oil or power generating industries.
37
A maximum of 203 million SDR – about 2006). Under the terms of STOPIA
US$ 291 million – is available per incident 2006 the liability in respect of incidents
from the 1992 Fund, irrespective of the involving tankers up to 29,548 GT is
size of the tanker (this figure includes increased to 20 million SDR – about
the sum paid by the tanker owner or his $29 million. STOPIA 2006 applies to
insurer under the 1992 CLC). incidents involving participating tankers
in all 1992 Fund Member States. A
An additional 547 million SDR second agreement known as the
(approximately US$ 784 million) is Tanker Oil Pollution Indemnification
available to countries that opt to ratify Agreement (TOPIA 2006) provides for
the 2003 Supplementary Fund. As a indemnification of the Supplementary
result, the total amount of compensation Fund for 50% of the amounts paid in
available for each incident in compensation by that Fund in respect
such countries is approximately of incidents involving tankers entered in
US$ 1,075 million. one of the International Group P&I Clubs.
Million US $ Compensation Limits Under Civil Liability and Fund Conventions Million SDR
1200 (including the Small Tanker Oil Pollution Indemnification Agreement - STOPIA)
800
Supplementary Fund
1000 700
600
800
500
600
400
300
400
Fund 92
200
200 CLC 92
100
STOPIA CLC 69
0 0
5 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 ...300
200
GT (000s)
38
Admissible Claims interpreted to mean that the measures
For a claim to be admissible it must taken or equipment used in response
fall within the definition of pollution to an incident were, on the basis of
damage or preventive measures in the an expert technical appraisal at the
1992 CLC and Fund Convention. A time the decision was taken, likely to
uniform interpretation of the definitions have been successful in minimising or
and a common understanding of preventing pollution damage. The fact
what constitutes an admissible that the response measures turned
claim are essential for the efficient out to be ineffective or the decision
functioning of the international system was shown to be incorrect with the
of compensation. For this reason, the benefit of hindsight are not reasons
governments of the Member States of in themselves for disallowing a claim
the 1992 Fund have established clear for the costs involved. A claim may be
policies and guidelines, as summarised rejected, however, if it was known that
in the organisation’s Claims Manual. the measures would be ineffective but
they were instigated simply because, for
Admissible claims can fall under a example, it was considered necessary
number of general headings: “to be seen to be doing something”.
• Preventive measures On this basis, measures taken for purely
(including clean-up) public relations reasons would not be
• Damage to property considered reasonable.
• Economic losses
• Reinstatement/restoration of Property Damage
impaired environments Claims under this category would
include, for example, the costs of
Preventive Measures cleaning contaminated fishing gear,
Claims for measures aimed at preventing mariculture installations, yachts and
or minimising pollution damage may industrial water intakes. In cases of very
include the costs of removing oil (cargo severe contamination of fishing gear and
and fuel) from a damaged tanker or a mariculture equipment where effective
sunken tanker wreck posing a serious cleaning is impossible, replacement of
pollution threat, as well as the costs of the damaged property may sometimes
clean-up measures at sea, in coastal be justified, with a reduction for normal
waters and on shorelines. The costs wear and tear.
of disposing of recovered oil and
associated debris are also covered. Economic Loss
Spills can result in economic loss
To qualify for compensation under the through, for example, preventing
Conventions, the costs as well as the fishing activity or causing a reduction
preventive measures themselves have in tourism. Such economic losses may
to be “reasonable”. This is generally be the direct result of physical damage
39
to a claimant’s property (“consequential that the costs were reasonable and
loss”) or may occur despite the fact not disproportionate to the expected
that the claimant has not suffered any results.
damage to his own property (“pure
economic loss”). An example of the first The costs of post-spill environmental
category is the fisherman who cannot studies are admissible to the extent
fish as a consequence of his boat and that they concern pollution damage
gear being contaminated by oil. In the as covered by the 1992 CLC and Fund
second case the fisherman remains in Convention.
port while there is oil on the water in
order to avoid damaging his property Record Keeping
but then suffers “pure economic loss” as The speed with which claims are settled
he is prevented from fishing. depends largely upon how long it takes
claimants to provide the P&I insurer and
Claims for pure economic loss are the 1992 Fund with the information they
admissible only if they are for loss or require in a format that readily permits
damage caused by oil contamination. It is analysis.
also necessary that there is a reasonable
degree of geographic and economic For this reason it is vital during any
proximity between the contamination incident that records are kept of what
and the loss or damage sustained by the was done, when, where and why
claimant. in order to support claims for the
recovery of the money spent in clean-
Reinstatement/Restoration of an up. Unfortunately, pressures to deal
Impaired Environment with practical clean-up problems often
Claims for impairment of the environ- result in record keeping being given
ment are accepted only if the claimant less attention than it deserves. The
has sustained an economic loss appointment of a financial controller
which can be quantified in monetary at an early stage of an incident can
terms. Claims based on theoretical be valuable, both to co-ordinate
and speculative ‘models’ or formulae expenditure and to ensure that
are therefore not admissible. On the adequate records are maintained.
other hand, compensation would be
available for the costs of reasonable Bunker Spills Convention
measures of reinstatement/restoration.
However, for any such measures to Recognition of the problems that can
be considered admissible they would be caused by spills of heavy bunker fuel
have to satisfy a number of criteria from non-tankers led to the adoption of
aimed at demonstrating that they the International Convention on Civil
were technically feasible and likely Liability for Bunker Oil Pollution Damage,
to enhance natural recovery, and which entered into force in 2008.
40
This IMO Convention seeks to ensure packaged form. Pollution damage
that adequate compensation is promptly caused by persistent oils already covered
available to persons who are required to by the CLC and Fund Convention is
clean up or who suffer damage as a result excluded, as is damage caused by
of spills of ships’ bunker oil, who would radioactive materials and coal.
not otherwise be compensated under
the 1992 CLC. Although strict liability The HNS Convention is modelled on
under the Bunker Spills Convention the CLC and Fund Convention. Thus,
extends beyond the registered owner the shipowner (and his P&I insurer)
to the bareboat charterer, manager and is strictly liable to pay the first tier of
operator of the ship, the Convention compensation whereas the second
only requires the registered owner of tier comes from a fund levied on cargo
ships greater than 1,000 GT to maintain receivers in all Contracting States on a
insurance or other financial security. post-event basis.
The level of cover must be equal to the
limits of liability under the applicable By 2009, the HNS Convention had still
national or international limitation not entered into force and, as a result,
regime, but in no case exceeding the a Protocol was developed to address
amount calculated in accordance with practical problems that had prevented
the Convention on Limitation of Liability many States from ratifying it. The Protocol
for Maritime Claims, 1976, as amended. was adopted by a diplomatic conference,
convened by the IMO, in April 2010.
HNS Convention Together these treaties constitute the
2010 HNS Convention.
The International Convention on
Liability and Compensation for Damage Under the 2010 Convention, if damage
in Connection with the Carriage of is caused by bulk HNS, compensation
Hazardous and Noxious Substances by would first be paid by the shipowner,
Sea (HNS Convention) was adopted up to a maximum limit of 100 million
by the IMO in May 1996. It aims to SDR (US$143 million). Where damage
ensure adequate, prompt and effective is caused by packaged HNS, or by
compensation for damage that may both bulk HNS and packaged HNS, the
result from shipping accidents involving maximum liability for the shipowner is
hazardous and noxious substances. 115 million SDR (US$165 million). The
shipowner will be obliged to maintain
The Convention entitles claimants to insurance to cover his liabilities under
compensation for loss or damage to the Convention.
persons, property and the environment
caused by incidents involving cargoes In cases where the shipowner’s
of oil, gases and chemicals, plus other insurance does not cover an
substances which are hazardous in incident, or is insufficient to satisfy
41
the claim, compensation would which pose a hazard to the safety of
be paid from the second tier, the navigation or to the marine and coastal
HNS Fund, up to a maximum of 250 environments, or both. This Convention
million SDR (US$ 358 million), including will enter into force on 14 April, 2015.
compensation paid under the first tier.
The HNS Fund will be administered by National Laws
the secretariat of the IOPC Funds. The
Fund will consist of one general account A number of countries have their own
(for HNS substances such as bulk solids domestic legislation for compensating
and chemicals) and three separate those affected by spills of oil and other
accounts for oil, liquefied natural gas substances from ships. The most
(LNG) and liquefied petroleum gas comprehensive example, which is
(LPG). Each separate account will meet summarised in the next section, is the
claims attributable to the relevant cargo US Oil Pollution Act of 1990. Canada
i.e. there will be no cross-subsidisation. also has its own Ship-source Oil Pollution
Fund (SOPF) which can be used to
The 2010 HNS Convention will enter pay claims arising from spills of both
into force 18 months after ratification persistent and non-persistent oil from
of the 2010 HNS Protocol by 12 States, all types of ship. As Canada is party to
including four States each with not less the 1992 CLC, Fund and Supplementary
than 2 million units of gross tonnage and Fund Conventions, the SOPF would
having received during the preceding only become involved in paying
year a total quantity of at least 40 compensation in a case falling within the
million tonnes of cargo that would be scope of these Conventions if the total
contributing to the general account. As value of the valid claims exceeded the
at 1 January, 2015, 8 States had signed Supplementary Fund limit.
the Protocol, subject to ratification.
Other countries have chosen not to
Wreck Removal Convention ratify the international Conventions and
instead rely on laws originally developed
In May 2007 the IMO adopted the for other purposes. This is frequently an
Nairobi International Convention on unsatisfactory solution for claimants,
the Removal of Wrecks 2007, which shipowners and other parties involved in
provides the legal basis for States to a pollution incident, since the provisions
remove, or have removed, shipwrecks of these laws may not be clear.
42
Oil Pollution Act of 1990
43
their financial capability to satisfy the
maximum liability under OPA ‘90.
44
and domestically produced oil. The or substantial threat thereof. Such Vessel
Trust Fund is administered by the Response Plans (VRP) are required to
National Pollution Funds Center, which be consistent with the requirements of
produces a helpful Claimant’s Guide. the National Contingency Plan and Area
Plans and must:
Prevention
There are a considerable number (i) identify a Qualified Individual having
of sections in OPA ‘90 that deal with full authority to implement removal
the prevention of oil spills, including actions;
provisions relating to the issue of licences
to seafarers; manning standards for (ii) identify and ensure the availability
foreign tank vessels; US vessel traffic of private personnel and equipment
service systems; gauging of plating necessary to respond to a worst
thickness; overfill, tank level and pressure case discharge or substantial threat
monitoring devices; tanker navigation thereof; and
safety standards and manning; and
double hull requirements for tank vessels. (iii) describe the training, and equipment
testing, periodic unannounced drills
Vessel Response Plans and response actions of the crew.
The owners or operators of vessels over
400 GT are required to have approved VRPs have to be updated periodically
plans for responding to a worst case and also have to be re-submitted
discharge of oil or hazardous substance, for approval after each significant change.
45
OPRC Convention
46
Status of International Conventions
This table shows which countries were parties to the 1969 CLC, 1992 CLC, 1992 Fund Convention, 2003
Supplementary Fund, 1990 OPRC, OPRC-HNS and Bunkers Convention as at 6 January 2015. x denotes
that the Convention is in force in that country, whereas + denotes that it has been ratified but is not yet in
force. o denotes that the country has denounced that Convention but that it has not yet taken effect. For
a current list see the IMO or IOPC Fund websites (www.imo.org; www.iopcfund.org).
OPRC-HNS 00
OPRC-HNS 00
OPRC-HNS 00
Supp Fund 03
Supp Fund 03
Supp Fund 03
BUNKERS 01
BUNKERS 01
BUNKERS 01
FUND 92
FUND 92
FUND 92
OPRC 90
OPRC 90
OPRC 90
CLC 69
CLC 92
CLC 69
CLC 92
CLC 69
CLC 92
Albania x x x x Germany x x x x x x Norway x x x x x x
Algeria x x x Ghana x x x x Oman x x x
Angola x x x Greece x x x x x x Pakistan x x
Antigua & Barbuda x x x x Grenada x x Palau x x x x x
Argentina x x x Guatemala x Panama x x x
Australia x x x x x x Guinea x x x Papua New Guinea x x
Austria x Guinea-Bissau Peru x x x
Azerbaijan x x x x Guyana x x Philippines x x x
Bahamas x x x x Haiti Poland x x x x x x
Bahrain x x Honduras x Portugal x x x x x
Bangladesh x Hungary x x x x Qatar x x x
Barbados x x x x Iceland x x x Romania x x x
Belarus India x x x Russian Federation x x x x
Belgium x x x x Indonesia x x x Saint Kitts and Nevis x x x x x
Belize x x x Iran x x x x x Saint Lucia x x x
Benin x x x x Iraq St. Vincent &
Bosnia & Ireland x x x x x Grenadines x x x
Herzegovina Israel x x x Samoa x x x x
Brazil x x Italy x x x x x Sao Tome & Principe x
Brunei Darussalam x x Jamaica x x x x Saudi Arabia x x x
Bulgaria x x x x Japan x x x x x Senegal x x x x
Cambodia x x x Jordan x x x Serbia x x x
Cameroon x x x Kazakhstan x Seychelles x x x
Canada x x x x x Kenya x x x Sierra Leone x x x x
Cape Verde x x x Kiribati x x x Singapore x x x x x
Chile x x x x Kuwait x x Slovakia x x x x
China x x x x Latvia x x x x x Slovenia x x x x x x
China (Hong Kong Lebanon x x x Solomon Islands x
spec.admin.region) x x x x x Lesotho Somalia
Colombia x x x x Liberia x x x x x South Africa x x x
Comoros x x x Libya x x South Korea x x x x x x
Congo x x x x x Lithuania x x x x x Spain x x x x x x
Cook Islands x x x Luxembourg x x x Sri Lanka x x
Costa Rica x Madagascar x x x Sudan
Cote d’Ivoire x x x x x x Malaysia x x x x x Suriname
Croatia x x x x x Maldives x x x Sweden x x x x x x
Cuba x Mali Switzerland x x x x
Cyprus x x x Malta x x x x x Syria x x x x x x
Czech Republic x Marshall Islands x x x x Tanzania x x x
Dem. Rep. of the Mauritania x x x Thailand x
Congo Mauritius x x x x x Togo x x x
Denmark x x x x x x Mexico x x x Tonga x x x x
Djibouti x x x Micronesia Trinidad & Tobago x x x
Dominica x x x Moldova x Tunisia x x x x
Dominican Republic x x x Monaco x x x Turkey x x x x x x
Ecuador x x x x x Mongolia x x x Turkmenistan x x
Egypt x x x x x Montenegro x x x x Tuvalu x x x
El Salvador x x x Morocco x x x x x Ukraine x
Equatorial Guinea x Mozambique x x x United Arab Emirates x x x
Eritrea Myanmar United Kingdom x x x x x
Estonia x x x x x x Namibia x x x United States x
Ethiopia x Nauru Uruguay x x x x
Fiji x x Netherlands x x x x x x Uzbekistan
Finland x x x x x New Zealand x x x x Vanuatu x x x x x
France x x x x x x Nicaragua o + + x Venezuela x x x
Gabon x x x Nigeria x x x x Viet Nam x x
Gambia x Niue x x x Yemen x x x
Georgia x x x x North Korea x
41
47
Useful Addresses
BIMCO International Group of P&I Clubs
Bagsværdvej 161, 2880 Bagsværd Peek House, 20 Eastcheap
Denmark London EC3M 1EB
Tel: + 45 44 36 68 00 Tel: + 44 (0)20 7929 3544
Fax: + 45 44 36 68 68 Fax: + 44 (0)20 7621 0675
Email: mailbox@bimco.org Email: secretariat@internationalgroup.
Web: www.bimco.org org.uk
Web:www.igpandi.org
IACS (International Association of
Classification Societies) Intertanko (International Association of
6th Floor, 36 Broadway Independent Tanker Owners)
London SW1H 0BH London Office: St Clare House
Tel: + 44 (0)20 7976 0660 30-33 Minories, London EC3N 1DD
Fax: + 44 (0)20 7808 1100 Tel: + 44 (0)20 7977 7010
Email: permsec@iacs.org.uk Fax: + 44 (0)20 7977 7011
Web: www.iacs.org.uk Web: www.intertanko.com
ICS (International Chamber of Shipping) Oslo Office: PO Box 761, Sentrum 0106,
38 St Mary Axe Oslo, Norway
London EC3A 8BH Tel: + 47 22 12 26 40
Tel: + 44 (0)20 7090 1460 Fax: + 47 22 12 26 41
Fax: + 44 (0)20 7090 1484
Email: info@ics-shipping.org Asian Office: 5 Temasek Boulevard
Web: www.ics-shipping.org #12-07 Suntec City Tower 5
Singapore 038985
IMO (International Maritime Tel: + 65 6333 4007
Organization) Fax: + 65 6333 5004
4 Albert Embankment
London SE1 7SR US Office: 801 North Quincy Street
Tel: + 44 (0)20 7735 7611 Suite 200, Arlington, Virginia 22203
Fax: + 44 (0)20 7587 3210 Tel: +1 703 373 2269
Email: info@imo.org Fax: +1 703 841 0389
Web: www.imo.org
Brussels Office: Rue du Congrès 37-41
Intercargo (International Association of Brussels, 1000 Belgium
Dry Cargo Shipowners) Tel: +32 (0)2 609 5440
9th Floor, St Clare House Fax: +32 (0)2 609 5449
30-33 Minories, London EC3N 1DD
Tel: + 44 (0)20 7977 7030
Fax: + 44 (0)20 7977 7011
Email: info@intercargo.org
Web: www.intercargo.org
48
IOPC Funds (International Oil Pollution National Pollution Funds Center
Compensation Funds) US Coast Guard
Portland House, Bressenden Place 4200 Wilson Boulevard, Suite 1000
London SW1E 5PN Arlington, Virginia VA20598-7100, USA
Tel: + 44 (0)20 7592 7100 Tel: + 1 703 872 6000
Fax: + 44 (0)20 7592 7111 Fax: + 1 703 872 6900
Web: www.iopcfund.org Email: arl-pf-npfcclaimsinfo@uscg.mil
Web: www.uscg.mil/npfc
IPIECA
5th Floor, 209-215 Blackfriars Road OCIMF (Oil Companies International
London SE1 8NL Marine Forum)
Tel:+ 44 (0)20 7633 2388 29 Queen Anne’s Gate
Fax: + 44 (0)20 7633 2389 London SW1H 9BU
Web: www.ipieca.org Tel: + 44 (0)20 7654 1200
Fax: + 44 (0)20 7654 1205
ISU (International Salvage Union) Email: enquiries@ocimf.com
Holland House, 1-4 Bury Street Web: www.ocimf.com
London EC3A 5AW
Tel: +44 (0)20 7220 6597 OGP (International Association of Oil and
Email: isu@marine-salvage.com Gas Producers)
Web: www.marine-salvage.com 5th Floor, 209-215 Blackfriars Road
London SE1 8NL
ITOPF (International Tanker Owners Tel:+ 44 (0)20 7633 0272
Pollution Federation Limited) Fax: + 44 (0)20 7633 2350
1 Oliver’s Yard, 55 City Road Email: reception@ogp.org.uk
London EC1Y 1HQ Web: www.ogp.org.uk
Tel: + 44 (0)20 7566 6999
Fax: + 44 (0)20 7566 6950 RAC/REMPEITC-CARIBE
Email: central@itopf.com Seru Mahuma z/n
Web: www.itopf.com Aviation and Meteorology Building
Willemstad, Curaçao
IUA (International Underwriting Tel: + 599 9868 4612
Association) Fax: + 599 9868 4996
London Underwriting Centre Email: rempeitc@cep.unep.org
3 Minster Court, Mincing Lane Web: www.cep.unep.org/racrempeitc
London EC3R 7DD
Tel: + 44 (0)20 7617 4444 REMPEC (Regional Marine Pollution
Fax: + 44 (0)20 7617 4440 Emergency Response Centre for the
Email: info@iua.co.uk Mediterranean Sea)
Web: www.iua.co.uk Maritime House, Lascaris Wharf
Valletta VLT 1921, Malta
Tel: + 356 21 33 72 96/7/8
Fax: + 356 21 33 99 51
Email: rempec@rempec.org
Web: www.rempec.org
49
Terms and Conditions of Membership
(effective 26th September, 2013)
1. Membership of The International Tanker (c) the technical assessment of claims for
Owners Pollution Federation (“ITOPF”) is subject to compensation resulting from a spill (or the
ITOPF’s Memorandum and Articles of Association threat thereof) of oil, or of HNS or any other
and to these Terms and Conditions, which apply cargo from a Tanker;
to all Owners who are Members of ITOPF as at
26th September, 2013, and to all Owners who (d) contingency planning, response techniques,
thereafter are accepted for Membership. The fate and effects, and compensation resulting
Directors of ITOPF have the right from time to time from a spill (or the threat thereof) of oil, or of
to add to or modify these Terms and Conditions. HNS or any other cargo;
Any such additions or modifications and their
effective date will be notified to Members. (e) training courses, drills, exercises and similar
events in respect of oil, or of HNS or any other
2. Membership of ITOPF is available only to an cargo;
owner or demise charterer (“Owner”) of a tanker,
being any ship (whether or not self-propelled) (f) the provision of such of ITOPF’s publications as
designed, constructed or adapted for the carriage are for circulation to Members and such other
by water in bulk of crude petroleum, hydrocarbon general information and advice as is within the
products and any other liquid substance scope of ITOPF’s Services.
(“Tanker”).
5. It is a condition of entitlement to Services that
3. A Member is required to notify ITOPF (or ensure the Member’s ITOPF subscription has been paid
that ITOPF is notified) in writing from time to time in respect of the current year commencing 20th
of the name and tonnage of Tankers of which it is or February and for all prior periods of Membership,
becomes Owner and in respect of which it wishes either directly or by another body on the Member’s
to be entitled to the services of ITOPF. A Member behalf, and in respect of all Tankers notified
who is no longer the Owner of any Tanker whose pursuant to paragraph 3 of which the Member is
name and tonnage have been so notified shall the Owner.
automatically cease to be a Member of ITOPF.
6. Although under no obligation to solicit or
4. Subject to these Terms and Conditions, a obtain such information, ITOPF reserves the right
Member has the right to request ITOPF to from time to time to request any Member or its
provide technical and other services, advice and insurer to provide information satisfactory to
information (“Services”) in relation to: ITOPF concerning the Member’s pollution liability
insurance cover. It is a condition of entitlement to
a) a spill (or the threat thereof) of oil, or of HNS or Services that any Member or its insurer of which
any other cargo from a Tanker, including on-site such a request is made will duly comply.
attendance to give technical advice with the
aim of effecting an efficient response operation 7. ITOPF reserves the right to recover costs
and mitigating any damage; incurred in respect of the provision of any Services
from a Member, on whose behalf such costs are
(b) the technical assessment of damage caused by incurred. ITOPF will not normally charge a fee for
a spill of oil, or of HNS or any other cargo from providing Services to a Member but may do so
a Tanker; from time to time when circumstances warrant at
ITOPF’s discretion. It is a condition of entitlement
50
to Services that a Member will agree to, and in part to any request by or on behalf of a Member
arrange for, the payment of such costs and fees for the provision of Services whether because
when so requested by ITOPF. of a failure on the part of the Member to meet a
condition set by ITOPF, or because of a lack of
8. a) ITOPF shall, where the Directors in their available ITOPF staff capacity, or for any reason
absolute discretion so determine, be entitled to:(i) which in ITOPF’s opinion might adversely affect
terminate the Membership of any Member where ITOPF, the safety of its staff, or the provision of
the continuation of such Membership; and/or (ii) the Services requested. In the case of competing
decline to respond or cease responding either in demands for its Services, ITOPF will normally give
whole or in part to any request by or on behalf priority to its Members.
of a Member for the provision of services where
such response or its continuation; may in any way 9. To the extent permitted by law, ITOPF shall
howsoever expose ITOPF to the risk of being or have no liability to any Member or other person
becoming subject to any sanction, prohibition or for any direct, indirect, special or consequential
adverse action in any form whatsoever by any loss, expenses and/or costs arising out of or in
state or international organisation; and (b) ITOPF connection with the provision of, or failure to
reserves the right not to respond either in whole or provide, any Services.
Note: Membership of ITOPF and payment of the relevant subscription referred to in paragraph 5 of these Terms
and Conditions of Membership is normally arranged by a tanker owner’s P&I insurer. This subscription is currently
calculated on the basis of 0.57 of a UK penny per gross ton of entered Tankers.
1. Associate status of The International Tanker which it is or becomes Owner and in respect of
Owners Pollution Federation Limited (“ITOPF”) is which it wishes to be entitled to the services of
subject to these Terms and Conditions, which apply ITOPF. An Associate who is no longer the Owner
to all Associates of ITOPF as at 26th September, of any Ship shall automatically cease to be an
2013, and to all persons who thereafter become Associate of ITOPF.
Associates. The Directors of ITOPF have the right
from time to time to add to or modify these Terms 4. Subject to these Terms and Conditions, an
and Conditions. Associate has the right to request ITOPF to
provide technical and other services, advice and
2. Associate status of ITOPF is available only information (“Services”) in relation to:
to such persons as the Directors of ITOPF may
determine being an owner or demise charterer a) a spill (or the threat thereof) of oil, or of HNS or
(“Owner”) of any ship other than a tanker any other cargo from a Ship, including on-site
(“Ship”). For these purposes “tanker” means any attendance to give technical advice with the
ship (whether or not self-propelled) designed, aim of effecting an efficient response operation
constructed or adapted for the carriage by water and mitigating any damage;
in bulk of crude petroleum, hydrocarbon products
and any other liquid substance. (b) the technical assessment of damage caused by
a spill of oil, or of HNS or any other cargo from
3. An Associate may be required to notify ITOPF a Ship;
(or ensure that ITOPF is notified) in writing from
time to time of the name and tonnage of Ships of
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(c) the technical assessment of claims for from an Associate on whose behalf such costs are
compensation resulting from a spill (or the incurred. ITOPF will not normally charge a fee for
threat thereof) of oil, or of HNS or any other providing Services to an Associate but may do so
cargo from a Ship; from time to time when circumstances warrant at
ITOPF’s discretion. It is a condition of entitlement
(d) contingency planning, response techniques, to Services that an Associate will agree to, and
fate and effects, compensation resulting from arrange for, the payment of such costs and fees
a spill (or the threat thereof) of oil, or of HNS or when so requested by ITOPF.
any other cargo;
8. (a) ITOPF shall, where the Directors in their
(e) training courses, drills, exercises and similar absolute discretion so determine, be entitled to:
events in respect of a spill of oil, or of HNS or (i) terminate the Associate status of any Associate
any other cargo; where the continuation of such Associate
status; and/or (ii) decline to respond or cease
(f) the provision of such of ITOPF’s publications responding either in whole or in part to any
as are for general circulation and such other request by or on behalf of an Associate for the
general information and advice as is within the provision of services where such response or its
scope of ITOPF’s Services. continuation; may in any way howsoever expose
ITOPF to the risk of being or becoming subject
5. ITOPF will charge each Associate an annual to any sanction, prohibition or adverse action in
subscription to assist in meeting its general any form whatsoever by any state or international
expenses. It is a condition of entitlement to organisation; and (b) ITOPF reserves the right
Services that the Associate’s ITOPF subscription not to respond either in whole or in part to any
has been paid in respect of the current year request by or on behalf of an Associate for the
commencing 20th February and for all prior provision of Services whether because of a failure
periods of Associate status, either directly or by on the part of the Associate to meet a condition
another body on the Associate’s behalf and in set by ITOPF, or because of a lack of available
respect of all Ships notified pursuant to paragraph ITOPF staff capacity, or for any reason which in
3 of which the Associate is the Owner. If in a ITOPF’s opinion might adversely affect ITOPF, the
winding-up of ITOPF there remains any surplus safety of its staff, or the provision of the Services
which is attributable to Associates’ subscriptions, requested. In the case of competing demands for
that surplus shall be distributed among Associates its Services, ITOPF will normally give priority to its
in proportion to the amounts subscribed by them. Members.
6. Although under no obligation to solicit or 9. To the extent permitted by law, ITOPF shall
obtain such information, ITOPF reserves the right have no liability to any Associate or other person
from time to time to request any Associate or its for any direct, indirect, special or consequential
insurer to provide information satisfactory to loss, expenses and/or costs arising out of or in
ITOPF concerning the Associate’s pollution liability connection with the provision of, or failure to
insurance cover. It is a condition of entitlement to provide, any Services.
Services that any Associate or its insurer of which
such a request is made will duly comply. 10. Notices to Associates may be given in such
manner as ITOPF may determine and shall be
7. ITOPF reserves the right to recover costs deemed given if given to an Associate’s insurer or
incurred in respect of the provision of any Services by way of press advertisement.
Note: ITOPF Associate Status and payment of the relevant subscription referred to in paragraph 5 of these Terms
and Conditions of Associate Status is normally arranged by a shipowner’s P&I insurer. This subscription is currently
calculated on the basis of 0.41 of a UK penny per gross ton of entered ships.
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