Professional Documents
Culture Documents
ITOPF Handbook 2020
ITOPF Handbook 2020
2020/21
Contents
Emergency contact 1
ITOPF in brief 2
Benefits freely available to ITOPF Members and Associates 3
ITOPF Directors 4
Staffing 5
Technical services 10
Oil tanker spill statistics 20
Different types of marine spills 22
Fate of oil spills 27
Classification of oils 28
Oil spill response techniques 32
Contingency planning & response management 36
Effects of marine oil spills 38
Pollution liability and compensation 42
Status of international conventions 49
Terms and Conditions of Membership 50
Terms and Conditions of Associate Status 51
ESSENTIAL ADDITIONAL
INFORMATION USEFUL INFORMATION
• Contact details of the person • Weather and sea conditions,
reporting the incident wind speed and direction
• Name of vessel and owner • Length, breadth and appearance
• Date and time of the incident of any slicks or plumes, including
(specifying local time or GMT/ direction of movement
UTC) • Type of resources that may be at
• Position (e.g. latitude and risk (e.g. fisheries or residential
longitude or distance and areas)
direction from the nearest port or • Distribution of cargo and
landmark) bunkers and proximity to
• Cause of the incident (e.g. damage
collision, grounding, explosion,
fire, etc) and nature of damage HNS Chemicals
• Description and quantity of cargo • State – solid, liquid, gas, bulk,
and bunker fuel on board packaged
• Estimate of the quantity spilt or • UN or CAS number, SDS, cargo
likelihood of spillage manifest
• Name of the cargo owner
ITOPF HANDBOOK 2020
1
ITOPF in brief
ITOPF is maintained by the world’s
shipowners and their insurers on a
not-for-profit basis to promote effective
contingency planning and other
advisory assignments for government
and industry. We are an authoritative
response to spills of oil, chemicals source of information on marine spills
and other substances in the marine and share our knowledge at training
environment. courses and seminars throughout
the world, encouraging best practice
Our technical staff have attended through outreach and education.
on-site at over 800 shipping incidents
in 100 countries to provide objective The majority of our income comes
scientific advice on clean-up measures, from dues from shipowners, paid
the effects of pollutants on the on their behalf by Protection and
environment and economic activities, Indemnity (P&I) insurers. Shipowners
and on compensation. These incidents are enrolled in ITOPF either as
can involve oil, chemicals and other Members (for tankers, barges,
bulk or packaged cargoes, as well as LPG/LNG carriers, FPSOs/FSUs or
bunker fuel from all types of ship. We combination carriers) or Associates
also provide advice in relation to oil (for other types of ship). Our services
spills from other potential sources of are provided to Members, Associates
marine pollution, including pipelines and their P&I insurers, usually at no
and offshore installations; physical cost, apart from expenses. We are also
damage to coral reefs resulting from available to assist at the request of
ship groundings; and environmental governments and intergovernmental
impacts associated with shipwrecks. organisations such as the International
Maritime Organization (IMO) and
Our first-hand experience of the International Oil Pollution
pollution incidents is utilised during Compensation Funds (IOPC Funds).
Observer status
Established
Christmas
Eve
1968 IMO IOPC
Funds
ITOPF HANDBOOK 2020
2
Benefits freely available to ITOPF
Members and Associates 8,200
Members owning
or operating
• emergency 24/7 technical advice and, where
necessary, attendance on-site at incidents
involving a spill (or potential spill) of oil,
chemicals or other substances;
13,900
tankers, barges, LPG/LNG
carriers, FPSO/FSUs or
• highly qualified and experienced technical staff combination carriers totalling
to answer queries related to the fate and effects
445
of these substances in the marine environment;
• objective technical advice on the most
appropriate response techniques to minimise million GT
pollution damage;
• objective technical assessment of claims for
compensation in conjunction with those paying Member dues
compensation and claimants; 0.42p/GT plus
• advice on realistic scenarios for testing during £20
Administration
exercises and drills and participation in these, Fee per tanker
either remotely or in person;
• advice on the preparation or updating of
contingency plans;
• advice concerning national, regional and Associates,
international approaches to preparedness and the owners of
all other types
response to spills of oil, chemicals and other of ships, totalling
substances;
• educational seminars and workshops;
• historic information and statistics relating to oil
and chemical spills;
• technical publications and films;
840
million GT
• access to ITOPF’s London based library;
• 24/7 access to the online Membership
Database to retrieve copies of Membership Associate
Record Forms (applicable to Members only). dues
0.38p/GT
Access to ITOPF’s services is freely available and
part of P&I cover.
3
ITOPF Directors
Chairman
Mr Erik Hånell Stena Bulk AB, Sweden
Managing Director
Dr Karen Purnell ITOPF Limited, UK
Directors
Mr Abdullah Aldubaikhi Bahri, Saudi Arabia
Mr Billy Chiu BW Maritime Pte Ltd, Singapore
Mr Clovis Garzia Transpetro, Brazil
Mr Christen Guddal Gard AS, Norway
Dr Grahaeme Henderson Shell International Trading & Shipping Co Ltd, UK
Capt Tomoyuki Koyama NYK Line, Japan
Mr Donald Kurz Keystone Shipping Co, USA
Mr Kevin MacKay Teekay Shipping, Canada
Mr Mark Martecchini Stolt Tankers B.V., Netherlands
Mr Guy Mason BP Shipping Ltd, UK
Mr Tony Paulson West of England P&I Club, UK
Capt Thomas Pinto Seven Islands Shipping, India
Mr Sergey Popravko SCF – Unicom Management, Cyprus
Mr Cory Quarles ExxonMobil, SeaRiver Maritime, Inc., USA
Mr Mark Ross Chevron Shipping Company LLC, USA
Mr Hiroaki Sawabe The Japan Ship Owners’ Mutual P&I Association, Japan
Capt Alex Staring Euronav NV, Belgium
Mr Kazuyoshi Takayama JX Ocean Company Ltd, Japan
Mr Hannes Thiede F. Laeisz Schiffahrtsgesellschaft, Germany
Mr Tommy Thomassen Maersk Tankers AS, Denmark
Dr Nikolas Tsakos Tsakos Energy Navigation, Greece
Dr Chao Wu Thomas Miller P&I Club, UK
Ms Lois Zabrocky International Seaways Inc, USA
Capt Zhu Mai Jin China Shipping Tanker Company Ltd, China
ITOPF HANDBOOK 2020
Technical Director
Richard Johnson is a marine biologist and holds a master’s degree in
radiation and environmental protection. Before joining ITOPF in 1994,
he worked on investigating the fallout from the Chernobyl accident and
assessing radioactive contamination of the marine environment. Richard
became Technical Director in 2009 and is responsible for the strategic
oversight and delivery of ITOPF’s technical services.
PA
Jo Woodward joined ITOPF in 2016 to provide PA support to Karen Purnell
and Richard Johnson. Jo has worked extensively as a Board level PA and has
spent much of her career working for large hotel and retail organisations.
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.
HR Manager
Vanessa Holliday has a business studies degree, a post graduate diploma
in people management and is a Chartered Member of the CIPD, the
professional body for HR and people development. She joined ITOPF in 2017,
bringing experience from a varied background in HR management, most
recently in the not-for-profit and public sectors.
IT Systems Manager
Alan Smith has worked in IT for over 20 years in a variety of companies from
SME to enterprise. He joined ITOPF in 2019 and is responsible for developing
and supporting its information systems.
8
Information Data Analyst
Naa Sackeyfio has a degree in natural resources management, a master’s
in GIS and previously worked for an environmental consultancy. She joined
ITOPF in 2016 and her responsibilities include management of geodatabases
and web applications, maintenance of the incidents and claims database, data
analysis and GIS mapping.
Membership Secretary
Karen Young joined ITOPF in 2008, having previously worked in a membership
role at the Institute of Marine Engineering, Science and Technology (IMarEST).
She is responsible for all matters relating to Membership, including the
issuance of Membership Record Forms and liaising with relevant parties.
Finance Officer
Jenny Maher has over 25 years’ experience in preparing, managing and
reporting financial information as well as implementing new accounting
procedures, job costing systems and customised reports. She is responsible
for ITOPF’s financial management information systems and accounting
transactions, which includes the collection of Membership and Associate dues.
Finance Assistant
Chee-Ming Chung has a higher national diploma in business and finance
and over 15 years’ accounts experience across a variety of sectors. He joined
ITOPF in 2012 and provides administrative support for ITOPF’s financial
activities.
Office Coordinator
Jayne Foster first joined ITOPF in 1998 as Team Secretary and, following a
career break, re-joined in 2012 as Secretary to the Technical Director. Now
Office Coordinator, Jayne manages the Office & Administration Team and has
overall responsibility for administrative activities to facilitate the smooth and
efficient running of the office.
9
Technical services
I TOPF promotes effective response
to marine spills of oil, chemicals
and other substances by providing
Associates and their P&I insurers,
apart from expenses. Our technical
services are also available to other
five core services. These are usually groups around the world involved
provided at no cost to our Members, with marine spills.
10
Responding to marine spills of oil, Mobilisation
chemicals and other cargoes is our
priority service. If the incident requires our immediate
attendance, we will determine the
Notification quickest and most effective way of
getting on site.
We can be notified of an incident in
a number of ways. Most often we We will also identify any potential
will be contacted by the vessel’s P&I health or personal risk concerns as
insurer via our emergency contact one of our Technical Advisers prepares
numbers (see page 1). We can to travel.
also be notified by our extensive
network of contacts, which include As we provide assistance throughout
correspondents, surveyors, spill the world from our office in London,
response organisations, government we pride ourselves on our ability to
agencies and port authorities. mobilise rapidly when needed.
ITOPF office
11
ITOPF advising on clean-up issues, Brazil
Evaluation
Command and control is vital in spill efficient and effective as possible and
response, and early decisions may that damage is minimised, but that
have a lasting benefit. For this reason, subsequent claims for compensation
we usually try to integrate ourselves can be dealt with promptly and
into the command centre as quickly as amicably.
possible.
Remote advice
In all cases, our aim is to cooperate
and work closely with the government We are also available to provide
agencies, contractors and other parties generic advice remotely from the
involved in an incident, and to reach office for cases that may not require
agreement on measures that are full mobilisation. Common requests
technically justified in the particular include advice on the fate and effects of
circumstances. This not only helps a pollutant, the resources at risk or the
to ensure that the clean-up is as location of response equipment.
Provides
Attends remote Fluent in English,
on average advice
for an French, German,
15 25
average
of Portuguese,
Spanish
cases
per year incidents
per year
ITOPF HANDBOOK 2020
14
We provide advice on the technical Our advice is also regularly sought
merit of claims for compensation in relation to environmental damage
arising from spills. In many cases caused by spills, and on the feasibility
this is a natural extension of our and technical justification of the
attendance on-site at the time of restoration measures proposed.
an incident. Claims assessment
usually involves evaluating the Our role is to encourage a cooperative
reasonableness of clean-up costs approach to the assessment of
and the merit of claims for damage pollution damage with a view to
to economic resources, such as facilitating the prompt and amicable
property or businesses, according to settlement of claims. In this regard,
internationally established criteria. The we provide support both to claimants
assessment of damage to fisheries, and to those who actually pay the
especially mariculture facilities, is a compensation, usually the P&I insurer
specialist area, which often requires and/or the IOPC Funds.
detailed analysis of complex claims. We
may work in conjunction with experts These bodies – not ITOPF – ultimately
who have in-depth knowledge of the decide whether or not a particular
affected area and the economics of its claim should be paid as factors, other
particular fisheries. than purely technical considerations,
may influence the final decision.
Response to Marine Oil Spills Films, available for sale priced £95 from
an award winning series of eight films Witherbys (www.witherbys.com).
tackling key issues related to oil spills
and how to deliver a well-planned and Oil Tanker Spill Statistics, an annual
executed response, subtitled in multiple publication providing data on accidental
languages. The first seven films are oil spills from tankers, combined
available to buy as a DVD priced £10. carriers and barges since the 1970s,
derived from ITOPF’s database.
1 Introduction to oil spills
2 Aerial surveillance Country & Territory Profiles, short
3 At-sea response reports summarising the spill response
4 Shoreline clean-up arrangements and clean-up resources
5 Waste management within individual maritime states.
6 Environmental impacts
7 Oil spill compensation We also have a comprehensive library
ITOPF HANDBOOK 2020
120
100
> 700 tonnes 7-700 tonnes
Number of spills
60
45.4
40 35.8
18.1
20
6.2
0
1970 1973 1976 1979 1982 1985 1988 1991 1994 1997 2000 2003 2006 2009 2012 2015 2018
Numbers of large (over 700 tonnes) and medium (7–700 tonnes) spills, 1970–2019
700
ATLANTIC EMPRESS
287,000 Tonnes
600
ABT SUMMER
260,000 Tonnes
400
EXXON VALDEZ
PRESTIGE SANCHI
37,000 Tonnes
63,000 Tonnes 113,000 Tonnes
200
ITOPF HANDBOOK 2020
ERIKA
20,000 Tonnes
HEBEI SPIRIT
11,000 Tonnes
100
1970 1973 1976 1979 1982 1985 1988 1991 1994 1997 2000 2003 2006 2009 2012 2015 2018
9%
9% Loading/Discharging
18%
18% Loading/Discharging
4%
4%
2%
2% Bunkering
Bunkering
<1% AtAtAnchor
<1% Anchor(Inland/Restricted)
(Inland/Restricted)
17%
17% AtAtAnchor
Anchor(Open
(OpenWater)
Water)
Underway
Underway(Inland
(Inland/Restricted)
/Restricted)
Underway
Underway(Open
(OpenWater)
Water)
50%
50% Other/Unknown
Other/Unknown
Fire/Explosion
ITOPF HANDBOOK 2020
13% Equipment
Other
13%
Failure
20%
Unknown Fire/Explosion
7 32%
whether the containers are likely to sea as they can spread over vast
to remain intact, float or sink if lost distances and are difficult to detect and
overboard. The response actions, as recover from shore.
with oil, will depend on the specific
properties and characteristics of the Incidents can become particularly
materials in question. Floating solids can complex when non-oil cargoes mix
be corralled from boats using nets and with spilled oil, most commonly from
then recovered using grabs or shovels. the casualty’s fuel tanks.
Sunken materials may require dive
surveys, dredges or crane grabs, where For example, large quantities of
recovery is considered necessary. stranded oil-soaked plastic will need
to be removed manually. Oiling also
Even seemingly inert and innocuous makes the identification of hazardous
container contents can be problematic materials amongst other cargoes
if spread over a shoreline or the more difficult and the classification of
seabed. Nurdles, small plastic pellets, recovered material for waste disposal
present a particular problem if released more complex.
ITOPF HANDBOOK 2020
26
Fate of oil spills
T he fate of oil spilled in the marine
environment is dependent upon
factors such as the initial physical and
asphaltenes, resins and waxes.
COOL
Refinery gases, Low boiling point
including LPG Very volale
Fuel for heang,
cooking, refrigeraon,
Flow easily
Ignite easily
NON-PERSISTENT
<40C some vehicles
Tend to dissipate completely
Gasoline within a few hours and do
40-210C Fuel for cars not form emulsions
Naptha
Used in the
40-190C
producon of
chemicals
190-270C
Kerosene
Aircra fuel
Example 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.
28 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.
from the four groups.) Stranding – the type of shoreline
• distillation characteristics (its substrate can affect the fate of
volatility); stranded oil.
• viscosity (its resistance to flow);
• pour point (the temperature below Dissolution – the dissolving of soluble
which it will not flow). components, makes only a minor
contribution to the removal of oil from
In addition, wax and asphaltene content the sea surface.
influence the degree to which the oil
will mix with water to form a water-in-oil Oxidation – the reaction with oxygen,
emulsion. promoted by sunlight, means oil can
form persistent tars most commonly
Weathering seen as tarballs.
viscosity oils in the presence of breaking dispersion of the oil into the water,
waves. lead to the removal of the oil from the
sea surface, and facilitate its natural
Emulsification – the incorporation of breakdown in the marine environment.
water into oil, can increase the volume Others, particularly the formation of
of pollutant up to five times. water-in-oil emulsions, cause the oil to
29
Photo-
Oxidaon Evaporaon
Stranding Spreading Spreading
Emulsificaon
Sinking
Dispersion
Dissoluon
become more persistent, and remain at spilled oil is usually dealt with in the
sea or on the shoreline for prolonged marine environment through the long-
periods of time. term process of biodegradation.
Freshly spilt HFO beginning to fragment and Emulsified oil arriving onshore, India
spread, North Sea
30
Persistence diesel oil and kerosene.
When considering the fate of spilled Impacts from non-persistent oils may
oil at sea, a distinction is frequently include effects on paint coatings in
made between persistent oils and non- marinas and harbours and, at high
persistent oils. concentrations, acute toxicity to marine
organisms.
As a rule, persistent oils break up and
dissipate more slowly in the marine Persistence is also important
environment and usually require an when it comes to the international
active clean-up response. Persistent compensation regimes. The IOPC
oils typically include crude oils, fuel Funds have developed guidelines
oils, lubricating oils and heavier grades which define persistence according
of marine diesel oil. These oils pose a to the distillation characteristics of
potential threat to natural resources the oil. Under these guidelines an
when released, for example, through oil is considered non- persistent if
impacts to wildlife, smothering of at the time of shipment at least 50%
habitats or oiling of amenity beaches of the hydrocarbon fractions, by
and mariculture facilities. volume, distil at a temperature of
340°C (645°F) and at least 95% of the
In contrast, non-persistent oils will hydrocarbon fractions, by volume,
dissipate rapidly, primarily through distil at a temperature of 370°C (700°F)
evaporation. As a result, spills of these when tested in accordance with the
lighter oils rarely require an active American Society for Testing and
response beyond monitoring. Non- Materials (ASTM) Method D86/78 or
persistent oils include gasoline, light any subsequent revision thereof.
Models are available for predicting the weathering and trajectory of oil spills
31
Oil spill response techniques
T he selection of the most appropriate
response strategy will depend on
many factors, including the resources
should be sufficiently calm for the
selected equipment to function as
designed and to be operated safely
available; the national and local by response personnel. The oil must
regulations on oil spill response; the also be in a state that is amenable for
spill scenario; and the physical and recovering with the skimmers that
ecological characteristics of the area are available. Importantly, sufficient
affected by the spill. storage should be available to meet the
pumping capability of the skimmers.
Sometimes oil will dissipate and These interrelated factors commonly
eventually degrade naturally without combine to limit the proportion of
impacting the coast or wildlife. In these spilled oil that can be recovered at sea.
cases, monitoring the movement and Nonetheless, where environmental
fate of the floating slicks may be a conditions and equipment availability
sufficient response. For spills in coastal allow, containment and recovery is an
waters, the oil will often drift towards important response strategy.
the shore and become stranded due
to the action of waves and tides and In-situ burning
an active clean-up response will be
required. The controlled burning of oil slicks at
sea often at, or near, the spill source
At-Sea Response has the potential to rapidly remove
relatively large amounts of oil from
Containment & recovery the sea surface. However, there are
a number of operational constraints
Containing floating oil within booms that limit the feasibility of this response
for recovery by specialised skimmers method, including the difficulty of
is often seen as the ideal solution to collecting and maintaining a sufficient
a spill at sea as, if successful, this will thickness of oil to burn. The condition of
physically remove the oil from the the oil is also important; as it weathers
marine environment. As a result, it is the oil may lose lighter fractions
the primary at-sea response strategy through evaporation and start to form
adopted by many governments around an emulsion making ignition difficult.
the world. Residues from burning may sink, with
potential effects on sea bed ecology
For a containment and recovery and fisheries, and there may also be
ITOPF HANDBOOK 2020
33
Shoreline clean-up operations are often include high pressure washing (using
considered in three stages; Stage 1 – either hot or cold water), particularly on
removal of bulk oil; Stage 2 - removal man-made structures; drum washing
or treatment in-situ of oiled shoreline of pebbles and cobbles in concrete
substrate, for example oiled sand or mixers or purpose built facilities; and
gravel (often the most protracted part ploughing or harrowing using tractor-
of shoreline clean-up); and Stage 3 – towed implements or sand sieving/
final clean-up of light contamination beach cleaning machines for high
and removal of stains, if required. amenity use beaches.
Consideration needs to be given to
the environmental sensitivity of the In situations where restricted access
shoreline to ensure that the planned to rocky or cobble shorelines prevents
level of cleaning will not cause more the use of pressure washing or other
harm than allowing the oil to degrade equipment, manual cleaning may be
naturally. the only option for the active removal
of oil.
During Stage 1 clean-up, the use of
vacuum trucks, pumps and skimmers The use of bioremediation products,
may be useful on pooled liquid bulk which accelerate the natural
oil. For very viscous or emulsified bulk degradation of oil, is not normally
oil or oil-soaked sediment, a variety recommended on open shorelines
of non-specialised civil engineering or as biodegradation is rarely limited
agricultural machinery may be used by nutrients and/or biodegrading
to collect and remove stranded oil organisms. Furthermore, the time
and contaminated material. In many required for complex oil compounds to
parts of the world, manual collection degrade is longer than the timescales
is an important strategy and can be usually desired to return an area to its
particularly useful on sensitive shores normal use.
and areas inaccessible to vehicles.
In time, most shorelines will clean
Importantly, with Stage 2 clean-up, naturally as the oil weathers and
collection of unoiled material should be degrades. On high-energy sites, natural
kept to a minimum to prevent shoreline cleaning can be very effective, and the
erosion and avoid excessive waste. majority of oil is likely to be removed
Preferably, oiled material should be within a seasonal cycle. However, along
treated in-situ, for example by flushing sheltered shorelines, particularly with
(a technique using high volumes of fine sediment, such as saltmarshes, or
low-pressure water to wash stranded in cold climates, natural degradation
or buried oil from shorelines) or surf can proceed very slowly and oil may
washing (whereby the natural cleaning persist for many years.
ITOPF HANDBOOK 2020
During the latter stages of a shoreline Cleaning up oil spills can generate
clean-up, other techniques may be significant amounts of waste. This
deployed to complete the work. These includes not just the recovered oil
34
Skimming operations in port, Thailand
itself, but oiled cargo, debris, shoreline segregated from the outset. This is
sediment, fauna and flora, mariculture not always easy, but it saves time and
infrastructure, response equipment money and makes it much easier
and materials, and protective clothing to direct the waste towards the
(PPE). The waste generated may appropriate treatment or disposal
amount to over ten times the volume method.
of oil originally spilled, particularly
if non-selective shoreline clean- In many countries, the most practical
up techniques are employed. As a and cost-effective disposal options still
consequence, waste can cause major take precedence over more sustainable
logistical problems and delays for the waste management choices. This
clean-up operation and even bring means that much oily waste goes for
the response to a standstill, unless incineration or into landfill. However,
adequate arrangements are in place, some waste streams can be treated to
including temporary storage and facilitate re-use. For example, recovered
transportation, as well as final disposal. liquid oil can be blended into feedstock
for use in oil refineries or with fuel oils
The best and most obvious option for for burning in power stations. This is an
waste is to minimise the recovery of option that works best with oil collected
ITOPF HANDBOOK 2020
unoiled material and treat as much from the sea rather than the shoreline,
oiled substrate in-situ as possible. as the former typically contains less
debris. Oily sand that does not contain
Different types of waste are often too much debris can also be minimised
disposed of differently, so it helps by stabilising it using quicklime for use in
to separate the waste and keep it land reclamation and road construction.
35
Contingency planning &
response management
T he effectiveness of the response to
an oil spill depends largely on the
quality of the contingency plan and
the organisation and control of the
clean-up operation. Once oil has spilled,
events can move rapidly and having
the necessary infrastructure, logistical
support and leadership in place makes
for a more effective response.
Pre-planning
37
Effects of marine oil spills
Environmental
Dependent
1992 Civil
Shipowner/ on GT up
Liability 140
insurer to ~$125
Convention3
Tankers carrying persistent million
oil cargo & bunker fuel oil
1992 Fund or residues of persistent oil 1992 Fund ~$280 million 117
Convention cargo
2003
Supplementary ~$1,040
Supplementary 32
Fund million
Fund Protocol
2001 Bunkers Shipowner/ Dependent
Bunker fuel oil from all ships 95
Convention insurer on GT
Dependent
on GT, bulk
goods up
2010 Hazardous Shipowner/ to ~$140
and Noxious Ships carrying cargoes insurer million;
Substances of HNS, including non- packaged 5
Convention persistent oils goods up to
(not yet in force) ~$160 million
42
Civil Liability and To date, no incidents have involved
Fund Conventions the Supplementary Fund. The Fund
Conventions are administered
The Civil Liability and Fund Conventions by the International Oil Pollution
provide a mechanism for compensation Compensation Funds (IOPC Funds), an
for a spill, or the threat of a spill, of intergovernmental organisation based
persistent4 oil carried in tankers5. in London, and financed by a levy on
receivers of persistent oil in its Member
The CLC provides the first level of states.
compensation, paid by the owner or
insurer of the tanker. CLC places strict The Civil Liability and Fund Conventions
liability on the tanker owner (subject cover claims for pollution response
to a number of specific exceptions). (preventive measures), damage
This means that compensation may to property and the environment,
be available even if the pollution was economic loss, and post-spill studies.
not due to any fault of the owner and
in most instances without the need STOPIA and TOPIA
for a claimant to involve the courts. To ensure the equitable sharing of
At the same time, the CLC allows the compensation payments between
tanker owner’s liability to be limited to tanker owners and oil receivers
an amount of money dependent upon under the Civil Liability and Fund
the size (gross tonnage) of the tanker. Conventions, two voluntary agreements
The limitation amount varies according were introduced in 2006. The Small
to the version of the CLC in force in Tanker Oil Pollution Indemnification
the affected country (ie CLC ‘69 or ‘92). Agreement (STOPIA) applies to small
Ships carrying more than 2 000 tonnes tankers, insured by a P&I Club within
of persistent oil as cargo must maintain the International Group of P&I Clubs
adequate insurance or other financial (IG), that cause pollution damage in
security to cover this liability. Evidence a country in which the 1992 Fund
of insurance is normally provided by a Convention is in force. Under STOPIA
‘Blue Card’ issued by the insurer and 2006, the liability under CLC 1992 for
a Convention certificate issued by a owners of tankers up to 29,548 gross
signatory country. tonnes (GT) is increased to about $28
million.
The 1992 Fund Convention provides
a second level of compensation for a A second agreement, known as the
spill, or the threat of a spill, of persistent Tanker Oil Pollution Indemnification
oil from a tanker, when claimants do Agreement (TOPIA), allows the owner
not obtain full compensation under of a tanker, insured by an IG P&I Club
the CLC ‘92. In 2003, a protocol to to reimburse the 2003 Supplementary
ITOPF HANDBOOK 2020
the 1992 Fund was adopted. This Fund for 50% of the amounts paid in
established the Supplementary Fund, compensation by that Fund.
providing a third level of compensation.
4
A definition of persistence is provided on page 31.
5
A tanker is defined under the two Conventions as a seagoing vessel or seaborne craft constructed or adapted to carry oil
in bulk as cargo.
43
1200
1100
1000
900
800
Liability limits (million US$)
CLC 92
600
STOPIA
500 Fund 92
400
300
200
100
0
25000 50000 75000 100000 125000 150000 175000 200000
Compensation limits under the 1992 Civil Liability and Fund Conventions (including 2003
Supplementary Fund Protocol and Small Tanker Oil Pollution Indemnification Agreement–
STOPIA)
on the CLC, but has no provision for Maritime Claims (LLMC). The
for additional compensation above Bunkers Conventions covers the same
the shipowner’s limit. As with CLC, type of claims as the CLC.
6
Bunker oil is defined as any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the
operation or propulsion of the ships and any residues of such oil.
44
Hazardous and Noxious risks of fire and explosion, including loss
Substances (HNS) Convention of life or personal injury.
(not yet in force)
As with the CLC/Fund regime, the first
The 2010 HNS Convention applies to level of compensation is paid by the
incidents at sea involving hazardous shipowner or insurer of the vessel,
substances carried by any sea-going up to an amount dependent upon
craft, for example tankers and bulk the size of the ship, and whether the
carriers carrying bulk cargoes, as HNS is in bulk or packaged form. An
well as container ships carrying HNS Fund, made up of contributions
packaged goods. A large number of from the receivers of HNS cargo,
substances are included under the HNS provides a second level of additional
Convention, including non-persistent compensation when full compensation
oils such as gasoline and kerosene, is not available from the shipowner.
vegetable oils and chemicals, as
referenced in various IMO conventions The 2010 HNS Convention does not
and codes. Radioactive materials and apply to oil pollution damage from
some bulk solids, such as coal and iron tankers, covered under CLC ‘92.
ore, are excluded. However, non-pollution damage caused
by persistent oil, for example damage
The HNS Convention is modelled caused by fire or explosion, will be
largely on the Civil Liability and Fund covered.
Conventions, with a two-tier system
for compensation, strict liability for the More detailed information on the
shipowner and a system of compulsory international pollution liability and
insurance and insurance certificates. compensation regime is available on
However, it goes further in that it covers the websites of IMO, the IOPC Funds
not only pollution damage (including and the International Group of P&I
preventative
400
measures), but also the Clubs, as well as ITOPF.
350
200
150
100
ITOPF HANDBOOK 2020
50
0
25000 50000 75000 100000 125000 150000 175000 200000 200000 200000
Compensation limits under the 2010 HNS Convention showing the limits in US$ for vessels of
Gross Tonnage up to 200,000GT.
45
46
ITOPF HANDBOOK 2020
Source of
pollution
(Ship type)
Claims It is the responsibility of the claimant to
provide adequate evidence of a loss,
Claims arising under the four primary and further information and evidence
conventions are usually handled by may be requested during the claim
the shipowner’s insurer in the first assessment process. The assessment
instance. Where applicable, the insurer may therefore take the form of iterative
(usually one of the P&I Clubs) and the exchanges between the claimant and
IOPC Funds cooperate closely in the those responsible for settling the claim,
assessment of claims, often using joint until the process has been completed. In
experts such as ITOPF. Guidance is most cases, agreement on the amount
available on the admissibility of claims, of compensation to be paid is reached
the types of evidence required to on an amicable basis, without the need
support a claim, and how a claim should for legal action and associated costs.
be formulated and submitted7. In the
event of a major incident, a local clams National legislation
office is usually established to assist
potential claimants and to facilitate the While the regime of international
submission of claims. compensation conventions aims
For an oil cargo tank vessel less than or equal to 2,000 GT = $7.4 million
3,000GT with a single hull, including a single-hull tank
vessel fitted with double sides only or a double bottom
only.
For a tank vessel less than or equal to 3,000 GT, other 2,000 GT = $4.6 million
than a vessel referred to above.
For an oil cargo tank vessel greater than 3,000 GT with a 10,000 GT = $37 million
single-hull, including a single-hull tank vessel fitted with
double sides only or a double bottom only. 50,000 GT = $185 million
For a tank vessel greater than 3,000 GT, other than a 10,000 GT = $23 million
vessel referred to above.
50,000 GT = $115 million
The greater of $2,300 per GT or $19,943,400
ITOPF HANDBOOK 2020
Tank vessel liability limits under OPA ’90 (as updated 12th November 2019 )
7
See ITOPF Technical Information Paper 15: Preparation and submission of claims from oil pollution.
47
to provide global uniformity for all In certain circumstances claims may
scenarios of ship-source marine oil be submitted to the US Oil Spill Liability
pollution, these conventions have Trust Fund (OSLTF), for example when
not been ratified universally or, as in the Responsible Party is unknown or
the case of the HNS Convention, are refuses to pay a claim, or when the first
not yet in force. In incidents where level of liability is insufficient to satisfy
an international convention does not all admissible claims for compensation.
apply, liability and compensation will be The Fund, funded by a tax on oil, is
dependent upon legislation established administered by the US Coast Guard’s
nationally. This legislation can be highly National Pollution Funds Center and
specific, such as the Oil Pollution Act of can provide up to $1 billion for any one
1990 (OPA ’90) in the USA (described pollution incident.
below), or be based on broader laws
developed originally for other purposes. Other relevant conventions
As a result, liability and the availability
of compensation can vary widely from Oil Pollution Preparedness, Response
country to country. and Co-operation (OPRC) Convention
The primary objective of OPRC 1990,
USA—Oil Pollution Act of 1990 and Oil which entered into force in 1995, is to
Spill Liability Trust Fund facilitate international co-operation
The Oil Pollution Act of 1990 (OPA ‘90) and mutual assistance between
is a comprehensive piece of legislation states and regions when preparing
that includes provisions for liability and for, and responding to, major oil
compensation for spills of persistent pollution incidents, and to encourage
and non-persistent oils from onshore states to develop and maintain an
and offshore facilities, ships and other adequate capability to deal with such
watercraft. It also includes sections emergencies. OPRC 1990 covers oil
on planning and prevention activities. spills from offshore oil exploration and
OPA ‘90 does not prevent individual production (E&P) platforms, ports, oil
US States from implementing more handling facilities and ships.
stringent laws for releases of oil and
many have done so. In 2000, a Protocol was introduced
extending the provisions of OPRC 1990
Under OPA ’90, the owner, operator or to encompass Hazardous and Noxious
bareboat charterer for a vessel or facility Substances (OPRC-HNS Protocol) which
(the Responsible Party) from which oil is entered into force in 2007.
discharged (or which poses a substantial
threat of discharge) is strictly liable for Wreck Removal Convention
removal costs carried out in accordance The Nairobi International Convention
with the national contingency plan, and on the Removal of Wrecks 2007
ITOPF HANDBOOK 2020
certain specified damages resulting provides the legal basis for states to
from the discharged oil. For ships, remove, or have removed, shipwrecks
liability limits vary according to the type which pose a hazard to the safety of
and size of the vessel. navigation or to the marine and coastal
environments, or both. This convention
entered into force in 2015.
48
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, Bunkers and Wreck Removal
Conventions as at 4th February, 2020. 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 Funds websites (www.imo.org; www.iopcfunds.org).
OPRC-HNS 00
Supp Fund 03
OPRC-HNS 00
OPRC-HNS 00
Supp Fund 03
Supp Fund 03
BUNKERS 01
BUNKERS 01
BUNKERS 01
FUND 92
FUND 92
FUND 92
OPRC 90
OPRC 90
OPRC 90
WRECK
WRECK
WRECK
CLC 69
CLC 92
CLC 69
CLC 92
CLC 69
CLC 92
Albania x x x x x x Germany x 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 x Grenada x x x Palau x x x x x x
Argentina x x x Guatemala x x Panama x 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 x x x Philippines x x x
Bahamas x x x x x Haiti Poland x x x x x x
Bahrain x x x x Honduras x + x Portugal x x 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 x
Belarus x x India x x x x Russian Federation x x x x
Belgium x x x x x x x Indonesia x x x Saint Kitts and Nevis x x x x x x
Belize x x x x Iran x x x x x x Saint Lucia x 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 x x
Bulgaria x x x x x Japan x x x x x Senegal x x x x
Cabo Verde x x x Jordan x x x x Serbia x x x
Cambodia x x x Kazakhstan x Seychelles x x x x
Cameroon x x x Kenya x x x x x Sierra Leone x x x x +
Canada x x x x x x Kiribati x x x Singapore x x x x x x
Chile x x x x Kuwait x x Slovakia x x x x
China x x x x x Latvia x x x x x Slovenia x x x x x x
China (Hong Kong Lebanon x 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 x South Africa x x x x
Comoros x x x x x Libya x x South Korea x x x x x x
Congo x x x x x x x Lithuania x x x x x Spain x x x x x x
Cook Islands x x x x Luxembourg x x x Sri Lanka x x
Costa Rica x Madagascar x x x x x x Sudan x
Cote d’Ivoire x x x x x x Malaysia x x x x x x Suriname
Croatia x x x x x x Maldives x x x Sweden x x x x x x x
Cuba x Mali Switzerland x x x x x
Cyprus x x x x Malta x x x x x x Syria x x x x x x
Czechia x Marshall Islands x x x x x Tanzania x x x
Dem. Rep. of the Mauritania x x x Thailand x x x
Congo Mauritius x x x x x Togo x x x
Denmark x x x x x x x Mexico x x x Tonga x x x x x
Djibouti x x 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 x
ITOPF HANDBOOK 2020
49
Terms and Conditions of
Membership
(effective 12th July, 2018)
1. Membership of ITOPF is subject to ITOPF’s d) Contingency planning, response
Memorandum and Articles of Association techniques, fate and effects, and
and to these Terms and Conditions, which compensation resulting from a spill (or
apply to all Owners who are Members threat thereof) of oil, or of HNS, whether as
of ITOPF as at 12th July 2018, and to all cargo or bunkers, and of any other cargo;
Owners who thereafter are accepted for
Membership. The Directors of ITOPF have e) training courses, drills, exercises and similar
the right from time to time to add to or events in respect of oil, or of HNS, whether
modify these Terms and Conditions. Any as cargo or bunkers, or of any other cargo;
such additions or modifications and their
effective date will be notified to Members. f) the provision of such of ITOPF’s publications
as are for circulation to Members and such
2. Membership of ITOPF is available only to other general information and advice as is
an owner or demise charterer (“Owner”) within the scope of ITOPF’s Services.
of a tanker, being any ship (whether or not
self-propelled) designed, constructed or 5. It is a condition of entitlement to Services
adapted for the carriage by water in bulk of that the Member’s ITOPF subscription has
crude petroleum, hydrocarbon products been paid in respect of the current year
and any other liquid substance (“Tanker”). commencing 20th February and for all prior
periods of Membership, either directly or by
3. A Member is required to notify ITOPF (or another body on the Member’s behalf, and
ensure that ITOPF is notified) in writing from in respect of all Tankers notified pursuant
time to time of the name and tonnage of to paragraph 3 of which the Member is the
Tankers of which it is or becomes Owner Owner.
and in respect of which it wishes to be
entitled to the services of ITOPF. A Member 6. Although under no obligation to solicit
who is no longer the Owner of any Tanker or obtain such information, ITOPF
whose name and tonnage have been so reserves the right from time to time
notified shall automatically cease to be a to request any Member or its insurer
Member of ITOPF. to provide information satisfactory to
ITOPF concerning the Member’s pollution
4. Subject to these Terms and Conditions, a liability insurance cover. It is a condition of
Member has the right to request ITOPF to entitlement to Services that any Member or
provide technical and other services, advice its insurer of which such a request is made
and information (“Services”) in relation to: will duly comply.
a) a spill (or the threat thereof) of oil, or of 7. ITOPF reserves the right to recover costs
HNS, whether as cargo or bunkers, or of any incurred in respect of the provision of
other cargo from a Tanker, including on-site any Services from a Member, on whose
attendance to give technical advice with behalf such costs are incurred. ITOPF will
the aim of effecting an efficient response not normally charge a fee for providing
operation and mitigating any damage; Services to a Member but may do so from
time to time when circumstances warrant
b) the technical assessment of damage at ITOPF’s discretion. It is a condition of
caused by a spill of oil, or of HNS, whether entitlement to Services that a Member will
ITOPF HANDBOOK 2020
as cargo or bunkers, or of any other cargo agree to, and arrange for, the payment of
from a Tanker; such costs and fees when so requested by
ITOPF.
c) the technical assessment of claims for
compensation resulting from a spill (or the 8. ITOPF reserves the right in its absolute
threat thereof) of oil, or of HNS, whether discretion:
as cargo or bunkers, or of any other cargo
from a Tanker;
50
a) (i) to terminate the Membership of any any other uncontrolled flow from a well or
Member; and/or reservoir or any equipment not contained
within the Tanker; and/or
(ii) to decline to respond or cease
responding either in whole or in part to c) not to respond either in whole or in part to
any request by or on behalf of a Member any request by or on behalf of a Member
for the provision of Services where the for the provision of Services whether
continuation of such Membership and/or because of a failure on the part of the
where such response or its continuation Member to meet a condition set by ITOPF,
may in any way howsoever expose ITOPF or because of a lack of available ITOPF staff
to the risk of being or becoming subject to capacity, or for any reason which in ITOPF’s
any sanction, prohibition or adverse action absolute discretion might adversely affect
in any form whatsoever by any state or ITOPF, the safety of its staff, or the provision
international organisation; of the Services requested. In the case of
competing demands for its Services, ITOPF
b) not to respond to a request by or on behalf will normally give priority to its Members.
of a Member for the provision of Services
where in its absolute discretion ITOPF has 9. To the extent permitted by law, ITOPF shall
determined that the spill (or the threat have no liability to any Member or other
thereof) of oil, or of HNS or any other cargo person for any direct, indirect, special
from a Tanker has arisen other than directly or consequential loss, expenses and/or
in connection with the operation of the costs arising out of or in connection with
Tanker including, but not limited to, as a the provision of, or failure to provide, any
result of a blow-out, cratering, seepage or 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. The subscription is currently calculated on
the basis of 0.42 of a UK penny per gross ton plus £20 Administration fee per tanker.
adapted for the carriage by water in bulk of the aim of effecting an efficient response
crude petroleum, hydrocarbon products operation and mitigating any damage;
and any other liquid substance.
b) the technical assessment of damage
3. An Associate may be required to notify caused by a spill of oil, or of HNS, whether
ITOPF (or ensure that ITOPF is notified) in as cargo or bunkers, or of any other cargo
writing from time to time of the name and from a Ship;
tonnage of Ships of which it is or becomes
51
c) the technical assessment of claims for of such costs and fees when so requested
compensation resulting from a spill (or the by ITOPF.
threat thereof) of oil, or of HNS, whether
as cargo or bunkers, or of any other cargo 8. ITOPF reserves the right in its absolute
from a Ship; discretion:
5. ITOPF will charge each Associate an annual b) not to respond to a request by or on behalf
subscription to assist in meeting its general of an Associate for the provision of Services
expenses. It is a condition of entitlement where in its absolute discretion ITOPF has
to Services that the Associate’s ITOPF determined that the spill (or the threat
subscription has been paid in respect of the thereof) of oil, or of HNS or any other cargo
current year commencing 20th February from a Ship has arisen other than directly in
and for all prior periods of Associate status, connection with the operation of the Ship
either directly or by another body on the including, but not limited to, as a result of a
Associate’s behalf and in respect of all blow-out, cratering, seepage or any other
Ships notified pursuant to paragraph 3 uncontrolled flow from a well or reservoir
of which the Associate is the Owner. If in or any equipment not contained within the
a winding-up of ITOPF there remains any Ship; and/or
surplus which is attributable to Associates’
subscriptions, that surplus shall be c) not to respond either in whole or in part to
distributed among Associates in proportion any request by or on behalf of an Associate
to the amounts subscribed by them. for the provision of Services whether
because of a failure on the part of the
6. Although under no obligation to solicit Associate to meet a condition set by ITOPF,
or obtain such information, ITOPF or because of a lack of available ITOPF staff
reserves the right from time to time to capacity, or for any reason which in ITOPF’s
request any Associate or its insurer to absolute discretion might adversely affect
provide information satisfactory to ITOPF ITOPF, the safety of its staff, or the provision
concerning the Associate’s pollution of the Services requested. In the case of
liability insurance cover. It is a condition of competing demands for its Services, ITOPF
entitlement to Services that any Associate will normally give priority to its Members.
or its insurer of which such a request is
made will duly comply. 9. To the extent permitted by law, ITOPF shall
have no liability to any Associate or other
7. ITOPF reserves the right to recover costs person for any direct, indirect, special
incurred in respect of the provision of any or consequential loss, expenses and/or
Services from an Associate on whose behalf costs arising out of or in connection with
such costs are incurred. ITOPF will not the provision of, or failure to provide, any
normally charge a fee for providing Services Services.
to an Associate but may do so from time
ITOPF HANDBOOK 2020
to time when circumstances warrant 10. Notices to Associates may be given in such
at ITOPF’s discretion. It is a condition of manner as ITOPF may determine and shall
entitlement to Services that an Associate be deemed given if given to an Associate’s
will agree to, and arrange for, the payment insurer or 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. The subscription is currently calculated on
the basis of 0.38 of a UK penny per gross ton of entered ships.
52
© 2020 ITOPF Ltd.
Emergency contact
+44 (0) 20 7566 6999
(UK Business Hours)
ITOPF Limited
1 Oliver’s Yard, 55 City Road, London EC1Y 1DT, UK
Registered Office – No. 944863