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MEO CLASS 1 · ORAL QUESTION 4

Civil Liability: CLC 92 vs. Bunker Convention

Answer

1. 1992 Civil Liability Convention (CLC 92)

A "ship" is defined as any seagoing vessel and seaborne craft of any type constructed or adapted for the carriage of oil in bulk as cargo.

For vessels capable of carrying both oil and other cargoes, they are considered a "ship" only when they are actually carrying oil in bulk as cargo.

These vessels are also considered a "ship" during any voyage immediately following such a carriage, unless it is proven that there are no residues of that oil cargo remaining on board.

2. 2001 Bunker Convention

Crucial Distinctions for MEO Class 1

  1. Exclusivity: The Bunker Convention expressly excludes pollution damage as defined in the CLC 92. If a spill involves both cargo and bunkers from a tanker, the CLC 92 generally takes precedence.

  2. Future Fuels: Note that the Bunker Convention specifically defines bunker oil as "hydrocarbon mineral oil." As per the IMO's current position, alternative fuels like methanol, ammonia, hydrogen, and LNG do not currently fall under the scope of the 2001 Bunker Convention, as they are not hydrocarbon mineral oils.