4 | II Série A - Número: 036S1 | 27 de Novembro de 2014

INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE, 2001

The States Parties to this Convention, RECALLING article 194 of the United Nations Convention on the Law of the Sea, 1982, which provides that States shall take all measures necessary to prevent, reduce and control pollution of the marine environment, RECALLING ALSO article 235 of that Convention, which provides that, with the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall cooperate in the further development of relevant rules of international law, NOTING the success of the International Convention on Civil Liability for Oil Pollution Damage, 1992 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 in ensuring that compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil carried in bulk at sea by ships, NOTING ALSO the adoption of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 in order to provide adequate, prompt and effective compensation for damage caused by incidents in connection with the carriage by sea of hazardous and noxious substances, RECOGNISING the importance of establishing strict liability for all forms of oil pollution which is linked to an appropriate limitation of the level of that liability, CONSIDERING that complementary measures are necessary to ensure the payment of adequate, prompt and effective compensation for damage caused by pollution resulting from the escape or discharge of bunker oil from ships, DESIRING to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation in such cases, HAVE AGREED as follows:

Article 1 Definitions

For the purposes of this Convention: 1 “Ship” means any seagoing vessel and seaborne craft, of any type whatsoever.
2 “Person” means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions.
3 “Shipowner” means the owner, including the registered owner, bareboat charterer, manager and operator of the ship.
4 “Registered owner” means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the ship's operator, «registered owner» shall mean such company.
5 “Bunker oil” means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil.
6 “Civil Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage, 1992, as amended.
7 “Preventive measures” means any reasonable measures taken by any person after an incident has occurred to prevent or minimise pollution damage.