CLC convention exclusions

Answer

The shipowner is exempt if he proves that the pollution damage:

1. Resulted from war or similar events — act of war, hostilities, civil war, or insurrection.
2. Resulted from an exceptional natural phenomenon that was inevitable and irresistible.
3. Was wholly caused intentionally by a third party, for example deliberate sabotage.
4. Was wholly caused by negligence or wrongful act of a Government/public authority responsible for maintaining lights or other navigational aids
5. Non-persistent oils such as gasoline, kerosene and light diesel are not covered; CLC deals with persistent hydrocarbon mineral oils such as crude oil, fuel oil, heavy diesel oil and lubricating oil.
6. Bunker pollution from ordinary non-tankers/dry-cargo ships is not covered by the 1992 CLC; such bunker pollution is generally dealt with under the Bunker Convention 2001.

CLC liability exemptions = 1-4 points

CLC scope exclusions= 5-6