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MEO CLASS 1 · ORAL QUESTION 8

Q4- Why CLC 92 came when there was 69 already? CLC 69 vs CLC 92

Answer

A - Geographic Scope: CLC 69 applies only to pollution damage suffered within the territory or territorial sea of a Contracting State. CLC 92 extends coverage to pollution damage in the territory, territorial sea, exclusive economic zone (EEZ), or equivalent area of a Contracting State, providing broader geographic coverage.

Definition of Oil: Both cover persistent oils like crude and fuel oil, but CLC 92 specifically refers to "persistent hydrocarbon mineral oil" and excludes whale oil.

Ship Coverage: CLC 69 applies only to ships carrying oil in bulk as cargo (laden tankers). CLC 92 also covers spills of bunker oil from tankers in ballast, expanding the scope.

Liability Exemptions: CLC 69 excludes claims against "servants or agents of the owner," while CLC 92 lists a broader exclusion of persons not liable unless damage results from their intentional or reckless acts.

liability Limits: The liability limit under CLC 69 (amended) is much lower, with a maximum of 14 million SDR. CLC 92 sets higher limits up to about 89.77 million SDR, offering greater protection to claimants