PREVENT

POLLUTION OF
MARINE
ENVIRONMENT
Convention on the Prevention of
Marine Pollution by Dumping of
Wastes and Other Matter
(London Dumping Convention)
PURPOSE OF THE LONDON DUMPING
CONVENTION 1972
The purpose of the London Convention is to control all
sources of marine pollution and prevent pollution of the
sea through regulation of dumping into the sea of waste
materials.

A so-called "black- and grey-list" approach is applied for

wastes, which can be considered for disposal at sea
according to the hazard they present to the environment.
For the blacklist items dumping is prohibited. Dumping of
the grey-listed materials requires a special permit from a
designated national authority under strict control and
provided certain conditions are met. All other materials or
substances can be dumped after a general permit has
been issued.
DEFINITIONS

For the purposes of the Convention

"Dumping" means:
(i) any deliberate disposal at sea of wastes
or other matter from vessels, aircraft,
platforms or other man-made structures at
sea;
(ii) any deliberate disposal at sea of vessels,
aircraft, platforms or other man-made
structures at sea.

"Wastes or other matter" means material and

substance of any kind, form or description.
DEFINITIONS

"Special permit" means permission granted

specifically on application in advance and in
accordance with Annex II and Annex III.

"General permit" means permission granted in

advance and in accordance with Annex III.
The London Dumping Convention prohibits the
dumping of any wastes or other matter in
whatever form or condition except as otherwise
specified below:

(a)the dumping of wastes or other matter listed

in Annex I is prohibited;

(b)the dumping of wastes or other matter listed

in Annex II requires a prior special permit;

(c)the dumping of all other wastes or matter

requires a prior general permit.
The provisions of Article IV do not apply when it
is necessary to secure the safety of human life
or of vessels in cases of 'force majeure' caused
by stress of weather, or in any case which
constitutes a danger to human life or a real
threat to vessels.

Such dumping should be done so as to minimize

the likelihood of damage to human or marine life
and must be reported immediately.
The appropriate authority or authorities of a
Contracting Party shall issue prior special or
general permits in respect of matter intended for
dumping:

(a) loaded in its territory;

(b) loaded by a vessel or aircraft registered in its
territory or flying its flag, when the loading
occurs in the territory of a State not party to this
Convention.
Each Contracting Party shall apply the measures
required to implement the present Convention to
all:

(a) vessels and aircraft registered in its territory

or flying its flag;
(b) vessels and aircraft loading in its territory or
territorial seas matter which is to be dumped;
(c) vessels and aircraft and fixed or floating
platforms under its jurisdiction believed to be
engaged in dumping.
INTERNATIONAL CONVENTION RELATING TO
INTERVENTION ON THE HIGH SEAS IN CASES OF OIL
POLLUTION CASUALTIES, 1969

Parties to the present Convention may take such

measures on the high seas as may be necessary to
prevent, mitigate or eliminate grave and imminent
danger to their coastline or related interests from
pollution or threat of pollution of the sea by oil; following
upon a maritime casualty or acts related to such a
casualty, which may reasonably be expected to result in
major harmful consequences.
DEFINITIONS

"maritime casualty" means a collision of ships, stranding

or other incident of navigation, or
other occurrence on board a ship or external to it
resulting in material damage or imminent
threat of material damage to a ship or cargo;

"ship" means:
(a) any sea-going vessel of any type whatsoever, and
(b) any floating craft, with the exception of an installation
or device engaged in the exploration
and exploitation of the resources of the sea-bed and the
ocean floor and the subsoil thereof
DEFINITIONS
"oil" means crude oil, fuel oil, diesel oil and lubricating
oil;

"related interests" means the interests of a coastal Sate

directly affected or threatened by the maritime casualty,
such as:
(a) maritime coastal, port or estuarine activities,
including fisheries activities, constituting an essential
means of livelihood of the persons concerned;
(b) tourist attractions of the area concerned;
(c) the health of the coastal population and the well-
being of the area concerned, including conservation of
living marine resources and of wildlife;
PROVISIONS TO APPLY WHEN EXERCISING
RIGHTS (Art III)
When a coastal State is exercising the right to take measures in
accordance with Article I, the following provisions shall apply:
(a) before taking any measures, a coastal State shall proceed to
consultations with other States affected by the maritime casualty,
particularly with the flag State or States;
(b) the coastal State shall notify without delay the proposed
measures to any persons physical or corporate known to the coastal
State, or made known to it during the consultations, to have
interests which can reasonably be expected to be affected by those
measures.The coastal State shall take into account any views they
may submit;
(c) before any measure is taken, the coastal State may proceed to a
consultation with independent experts, whose names shall be chosen
from a list maintained by the Organizations;
PROVISIONS TO APPLY WHEN EXERCISING
RIGHTS

(d) in cases of extreme urgency requiring measures to be taken

immediately, the coastal State may take measures rendered necessary
by the urgency of the situation, without prior notification or
consultation or without continuing consultations already begun;
(e) a coastal State shall, before taking such measures and during their
course, use its best endeavours to avoid any risk to human life, and to
afford persons in distress any assistance of which they may stand in
need, and in appropriate cases to facilitate the repatriation of ships‘
crews, and to raise no obstacle thereto;
(f) measures which have been taken in application of Article I shall be
notified without delay to the States and to the known physical or
corporate persons concerned, as well as to the Secretary-General of the
Organization
PROTOCOL RELATING TO INTERVENTION ON THE
HIGH SEAS IN CASES OF POLLUTION BY
SUBSTANCES OTHER THAN OIL, 1973
Parties to the present Protocol may take such measures
on the high seas as may be necessary to prevent,
mitigate or eliminate grave and imminent danger to
their coastline or related interests from pollution or
threat of pollution by substances other than oil following
upon a maritime casualty or acts related to such a
casualty, which may reasonably be expected to
result in major harmful consequences.

The Protocol extends the rights and obligations of

coastal States to cases involving imminent threat of
pollution by substances other than oil
Protocol relating to Intervention on the High Seas in
Cases of Pollution by Substances other than Oil, 1973

"Substances other than oil" shall be:

(a) those substances enumerated in a list which shall be
established by an appropriate body designated by the
Organization and which shall be annexed to the present
Protocol, and
(b) those other substances which are liable to create
hazards to human health, to harm living resources and
marine life, to damage amenities or to interfere with
other legitimate uses of the sea.
INTERNATIONAL CONVENTION ON CIVIL LIABILITY
FOR OIL POLLUTION DAMAGE (CLC’92)
INTERNATIONAL CONVENTION ON CIVIL
LIABILITY FOR OIL POLLUTION DAMAGE
(CLC’92)
This an international maritime treaty that was adopted to
ensure that adequate compensation would be available
where oil pollution damage was caused by maritime
casualties involving oil tankers (ie ships that carry oil as
cargo)
The CLC 1992 governs the liability of shipowners for oil
pollution damage by laying down the principle of strict
liability for shipowners and creating a system of
compulsory liability insurance. The shipowner is
normally entitled to limit his liability to an amount which
is linked to the tonnage of his ship.
The framework for the regime was originally the
1969 International Convention on Civil Liability for
Oil Pollution Damage (1969 Civil Liability
Convention) and the 1971 International Convention
on the Establishment of an International Fund for
Compensation for Oil Pollution Damage (1971
Fund Convention).

This ‘old’ regime was amended in 1992 by two

Protocols, and the amended Conventions are
known as the 1992 Civil Liability Convention and
the 1992 Fund Convention. The 1992 Conventions
entered into force on 30 May 1996. The 1971 Fund
Convention ceased to be in force on 24 May 2002,
when the number of 1971 Fund Member States fell
below 25.
By becoming Party to the 1992 Fund Convention, a
State becomes a Member of the 1992 Fund. The
Funds are financed by contributions paid by entities
that receive certain types of oil by sea transport.
These contributions are based on the amount of oil
received in the relevant calendar year, and cover
expected claims, together with the costs of
administering the Funds.
The maximum amount of compensation payable
by the 1992 Fund under the 1992 Fund Convention
for any one incident is 750 million SDR (about US$
1105 as at 1 Sept 2005), including the amount
payable under the 1992 Conventions.
The owner of a ship registered in a Contracting
State and carrying more than 2,000 tons of oil in
bulk as cargo is required to maintain insurance in
the sum of his limit of liability.
The appropriate authority of a Contracting State,
after determining that the requirements have
been, complied with, should issue a certificate
attesting that insurance or other financial security
is in force.
The certificate should be carried on board ship and
a copy deposited with the relevant authorities
A Contracting State must not permit a ship under
its flag to which this Article applies to trade
without a certificate
.
Contracting States must ensure under their
national legislation, that insurance or other
security is in force in respect of any ship, whenever
registered, entering or leaving their ports of
offshore terminals if the ship actually carries more
than 2,000 tons of oil in bulk as cargo.
Therefore if a ship carries more than 2000 tons of
oil in cargo, the CLC requires shipowners to
maintain "insurance or other financial security"
sufficient to cover the maximum liability for one oil
spill.
Article III
4. No claim for compensation for pollution
damage shall be made against the owner
otherwise than in accordance with this
Convention. No claim for pollution damage under
this Convention or otherwise may be made
against the servants or agents of the owner.
.
Article V
1. The owner of a ship shall be entitled to limit his liability
under this Convention in respect of any one incident to an
aggregate amount
calculated as follows:
(a) 4,510,000 units of account2 for a ship not exceeding
5,000 units of tonnage;
(b) for a ship with a tonnage in excess there of, for each
additional unit of tonnage, 631 units of account2 in
addition to the amount
mentioned in sub-paragraph (a);
provided, however, that this aggregate amount shall not in
any event exceed 89,770,000 units of account.
8. Claims in respect of expenses reasonably incurred or
sacrifices reasonably made by the owner voluntarily to
prevent or minimize pollution damage shall rank equally
with other claims against the fund
ARTICLE VI
1. Where the owner, after an incident, has constituted a fund
in accordance with Article V, and is entitled to limit his
liability,
(a) no person having a claim for pollution damage arising
out of that incident shall be entitled to exercise any
right against any other assets of the owner in respect of
such claim;
(b) the Court or other competent authority of any
Contracting State shall order the release of any ship or
other property belonging to the owner which has been
arrested in respect of a claim for pollution damage
arising out of that incident, and shall similarly release
any bail or other security furnished to avoid such
arrest.
ARTICLE VII
1. The owner of a ship registered in a Contracting State and
carrying more than 2,000 tons of oil in bulk as cargo shall
be required to maintain insurance or other financial
security, such as the guarantee of a bank or a certificate
delivered by an international compensation fund, in the
sums fixed by applying the limits of liability prescribed in
Article V, paragraph 1, to cover his liability for pollution
damage under this Convention.
2. A certificate attesting that insurance or other financial
security is in force in accordance with the provisions of this
Convention shall be issued to each ship. It shall be issued
or certified by the appropriate authority of the State of the
ship's registry after determining that the requirements of
paragraph 1 of this Article have been complied with. This
certificate shall be in the form of the annexed model.
ARTICLE VII
4. The certificate shall be carried on board the ship and a
copy shall be deposited with the authorities who keep
the record of the ship's registry.
10. A Contracting State shall not permit a ship under its flag
to which this Article applies to trade unless a certificate
has been issued under paragraph 2 or 12 of this Article.
11. Each Contracting State shall ensure, under its national
legislation, that insurance or other security to the
extent specified in paragraph 1 of this Article is in force
in respect of any ship, wherever registered, entering or
leaving a port in its territory, or arriving at or leaving an
off-shore terminal in its territorial sea, if the ship
actually carries more than 2,000 tons of oil in bulk as
cargo.
What is a P&I Club and a "Blue Card"?

A P&I Club is a protection and indemnity

association of shipowners or operators, offering
mutual insurance, generally for third-party
liability risks and the defense of claims. There are
13 Clubs that are a member of the International
Group of P&I Clubs, which insure the majority of
the world's tonnage. A "Blue Card" is issued by
the P&I Club to provide evidence that there is in
place insurance meeting the liability
requirements of the Bunkers Convention.
International Convention on Civil Liability for
Bunker Oil Pollution Damage (BUNKER)
Adoption: 23 Mar 2001; Entry into force: 21 Nov 2008
The Convention was adopted 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. The Convention applies to damage caused on the
territory, including the territorial sea, and in exclusive economic zones of States
Parties.

The Convention requires ships over 1,000 gross tonnage to maintain insurance or
other financial security to cover the liability of the registered owner for pollution
damage in an amount equal to the limits of liability under the applicable national or
international limitation regime, but in all cases, not exceeding an amount calculated in
accordance with the Convention on Limitation of Liability for Maritime Claims, 1976,
as amended.
the International Convention on Liability and
Compensation for Damage in Connection with the
Carriage of Hazardous and Noxious Substances by
Sea, 1996.
Adoption : May 1996 Entry into force: Pending

The HNS Convention is an international convention created in 1996 to

compensate for damages caused by spillage of hazardous and noxious substances
during maritime transportation. The convention has not entered into force due to
signatory states not meeting the ratification requirements. The convention is
based on the model of the 1992 CLC for Oil Pollution Damage, which covers
pollution damage caused by spills of crude oil from tankers.
In 2010, a second international conference adopted a protocol to the convention
(known as 2010 HNS Protocol) which was designed to overcome some
implementation problems that had discouraged states from ratifying the original
convention.
QUESTIONS
1. What is the purpose of the Convention on the Prevention of
Marine Pollution by Dumping of Wastes and Other Matter
(London Dumping Convention) ?
2. Define “dumping” and “wastes and other matter” for the purpose
of the London Dumping Convention 1972?
3. Describes the rights of Parties to the Convention to intervene on
the high seas following a maritime casualty under the International
Convention Relating to Intervention on the High Seas in Cases of
Oil Pollution Casualties, 1969 ?
4. What is the purpose of the International Convention
on Civil Liability for Oil Pollution Damage (CLC’92)?
5. What is the purpose of a CLC’92 certificate and which ships
require such a certificate?
 References
1. Hopkins, F.N. (1979), BUSINESS AND LAW FOR THE SHIPMASTER,
Brown, Son & Ferguson 7th Edn 1989
2. Malcolm Maclachlan,THE SHIPMASTER’S BUSINESS COMPANION, NI
4th Edition 2004