Claims Manual for the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
The Legal Committee, at its 110th session (27 to 31 March 2023), approved the Claims Manual for the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. The Manual was disseminated in the form of a circular of the Legal Committee under the symbol LEG.1/Circ.13. Please click on the link on the right to access the digital copy of the Manual.
Background
A proposal for a new output was submitted to the 108th session of the Legal Committee for the development of a Claims Manual for the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (document LEG 108/13/1).
Work was undertaken intersessionally between 2021 and 2023 to develop the draft Manual, based on guiding directions (please refer to documents LEG 109/8 and LEG 109/16/1 for a complete overview of the principles and discussions).
At its 110th session, the Legal Committee approved the Claims Manual for the 2001 Bunkers Convention and invited Member States, and all other interested parties, to use the Claims Manual, as appropriate, and to bring it to the attention of all parties concerned. The Manual is a practical guidance document to assist national courts, claimants, shipowners, insurers, financial security providers and other interested parties with the application of the 2001 Bunkers Convention . It is not a substitute for applicable legal requirements and should not be seen as an authoritative interpretation of the 2001 Bunkers Convention. It is not intended to, and nor does it, impose legally binding requirements, but it does provide general information on how the 2001 Bunkers Convention works and aims to assist parties in the submission and assessment of claims resulting from a spill of bunker oil from a ship where the 2001 Bunkers Convention is in force.
General information is also provided on the types of incidents that are covered by the 2001 Bunkers Convention and the parties who are liable in the event of a bunker oil spill as well as the likely extent of that liability. This Manual is also designed to give a general overview of the admissibility criteria for claims to assist claimants to ensure that the requirements for compensation under the 2001 Bunkers Convention are met.
In addition, this Manual provides more specific information that is intended to help claimants with preparing and submitting claims for compensation for pollution damage or preventive measures covered by the 2001 Bunkers Convention.