—CLC
TOVALOP (Tanker Owners Voluntary Agreement concerning
Liability for Oil Pollution) and CRISTAL (Contract Regarding an Interim
Supplement to Tanker Liability for Oil Pollution)
CLC CONVENTION-1969
FIRST CONVENTION-1969
ADOPTION 29TH NOV 1969
ENTRY INTO FORCE:19TH JUNE 1975
CLC-1969
TO PROVIDE ADEQUATE COMPENSATION TO PERSONS WHO SUFFER OIL
POLLUTION DAMAGE RESULTING FROM OIL POLLUTION
LIBILITY FOR DAMGAE
PLACED ON SHIP OWNER
APPLY TO ALL SHIPS CARRYING OIL ;BUT ONLY SHIPS CARRYING
MORE THAN 2000MT REQUIRED TO MAITAIN INSURANCE
CLC-1969
DOES NOT APPLY TO WARSHIPS OR VSL OWNED OR OPERATED BY GOVT
AND USED FOR THE TIME BEING GOVT NON COMMERCIAL SERVICE
IF A VSL OWNED OR OPERATED BY THE STATES COMMERCIALLY,THE
SHIP IS NOT REQUIRED TO CARRY INSURANCE,HOWEVER A CERTIFICATE ISSUED BY THE
STATE IS REQUIRED TO SHOW THE LIABILITY IS COVERED
CLC-1969
APPLY TO DAMAGE FROM PERSISTENT OIL(an oil is considered
non-persistent if at the time of shipment at least 50% of the hydrocarbon
fractions, by volume, distil at a temperature of 340°C (645°F) and at least 95%
of the hydrocarbon fractions, by volume, distil at a temperature of 370°C
(700°F) when tested in accordance with the American Society for Testing and
Materials (ASTM) Method D86/78 or any subsequent revision thereof. )
APPLY IN TERRITORAIL WATER
CLC
APPLY IN STATES PARTY TO CONVENTION
APPLY ONLY TO LADEN SHIP
LIMITATIONS:133 SDR
FOR EACH THE SHIP’S GROSS TONNGE
MAXIMUM 14 MILLION SDR.
CLC -1976 AMENDMENT
ADOPTION -9TH NOV 1976
ENTRY INTO FORCE-8TH APRIL 1981
THE POINCARE FRANC WAS REPLACED WITH SDR
CLC-1984 PROTOCOL
ADOPTION 25TH MAY 1984
ENTRY INTO FORCE:NOT ENTERED INTO FORCE
SUPERCEDED BY 1992 PROTOCOL
CLC-1992-PROTOCOL
ADOPTION:27TH NOV 1992
ENTRY INTO FORCE:30TH MAY 1996
REDUCED ENTRY INTO FORCE REQUIREMENTS BY REDUCING SIX TO
FOUR THE NUMBER OF LARGE TANKERS OWNING COUNTRY
EXTENDED UPTO EEZ
CLC-1992
LIMITATION
FOR SHIPS NOT
EXCEEDING 5000GRT GROSS TONNAGE-3MILLION SDR
FOR 5000 TO 140000 GROSS TONNAGE -3M SDR PLUS 420 SDR FOR
ADDITIONAL TONNAGE
FOR OVER 140000 GROSS TONNGE LIBILITY-59.7M SDR
CLC-1992
IT ALSO ALLOWS EXPENSES INCURRED FOR THE PREVENTIVE MEASURE
TO BE RECOVERED EVEN NO OIL SPILL OCCURS,PROVIDED THERE WAS GRAVE AND IMMINENT
THREAT OF POLLUTION
APPLY TO LADEN AND IN BALLAST CONDITION INCLUDING BUNKERS
OIL FROM SUCH SHIPS
CLC-1992
The 1992 Protocol allows for States Party to the 1992
Protocol to issue certificates to ships registered in States which are not
Party to the 1992 Protocol, so that a shipowner can obtain certificates to both
the 1969 and 1992 CLC, even when the ship is registered in a country which has
not yet ratified the 1992 Protocol. This is important because a ship which has
only a 1969 CLC may find it difficult to trade to a country which has ratified
the 1992 Protocol, since it establishes higher limits of liability.
CLC 1992
This Convention shall apply exclusively:
(a) to pollution damage caused:
(i) in the territory, including the territorial sea, of a
Contracting State, and
(ii) in the exclusive economic zone of a Contracting State,
established in accordance with international law, or, if a Contracting State
has not established
such a zone,in an area beyond and adjacent to the
territorial sea of that State determined by that State in accordance with
international law and extending not more than 200 nautical miles from the
baselines from which the breadth of its territorial sea is measured;
b) to preventive measures, wherever taken, to prevent or
minimize such damage.
EXCLUSION
No liability for pollution damage shall attach to the owner
if he proves that the damage:
(a) resulted from an act of war, hostilities, civil war,
insurrection or a natural phenomenon of an exceptional, inevitable and
irresistible character, or
(b) was wholly caused by an act or omission done with intent
to cause damage by a third party, or
(c) was wholly caused
by the negligence or other wrongful act of any Government or other authority
responsible for the maintenance of lights or other navigational aids in the
exercise of that function.
(d) Nothing in this Convention shall prejudice any right of
recourse of the owner against third parties
No claim for compensation for pollution damage under this
Convention or otherwise may be made against:
(a) the servants or agents of the owner or the members of
the crew;
(b) the pilot or any other person who, without being a
member of the crew, performs services for the ship;
(c) any charterer (howsoever described, including a bareboat
charterer), manager or operator of the ship;
(d) any person performing salvage operations with the
consent of the owner or on the instructions of a competent public authority;
(e) any person taking preventive measures;
(f ) all servants or agents of persons mentioned in subparagraphs
(c), (d) and (e);
When oil has escaped or has been discharged from two or more
ships, and pollution damage results therefrom, the owners of all the ships
concerned, unless exonerated under Article III, shall be jointly and severally
liable for all such damage which is not reasonably separable.
Constitution & distribution of fund
Where the owner, after an incident, has constituted a fund
in accordance with Article V, and is entitled to limit his liability, the Court or other competent authority of any
Contracting State shall order the release of any ship or other property
belonging to the owner which has been arrested in respectof a claim for
pollution damage arising out of that incident, and
shall similarly release any bail or other security furnished
to avoid such arrest.
The fund shall be distributed among the claimants in
proportion to the amounts of their established claims.
Right of subrogation is automatically acquired by the owner
or person providing him insurance or other financial security has as a result
of the incident in question, paid compensation for pollution damage,
Claims in respect of expenses reasonably incurred or
sacrifices reasonably made by the owner voluntarily to prevent or minimise
pollution damage shall rank equally with other claims against the fund.
Owner can not limit his liability
The owner shall not be entitled to limit his liability under
this Convention if it
is proved that the pollution damage resulted from his
personal act or omission,
committed with the intent to cause such damage, or
recklessly and with knowledge that
such damage would probably result.
CLC CERTIFICATE
The owner of a ship registered in a Contracting State and
carrying more than 2,000 tons of oil in bulk as cargo shall be required to
maintain insurance or other financial security, such as the guarantee of a bank
or a certificate delivered by an international compensation fund,
A certificate attesting that insurance or other financial
security is in force in accordance with the provisions of this Convention shall
be issued to each ship after the appropriate authority of a Contracting State
has determined that the requirements of Convention have been complied with
With respect to a
ship registered in a Contracting State such certificate shall be issued or
certified by the appropriate authority of the State of the ship’s registry;
CLC-2000 AMENDMENTS
ADOPTION:118TH OCT 2000
ENTRY INTO FORCE:1ST NOV 2003(UNDER TACIT ACCEPTANCE)
COMPENSATION RAISED BY 2000 AMENDMENTS
-FOR SHIP
CLC-2000 AMENDMENT
FOR SHIPS NOT EXCEEDING 5000GRT GROSS TONNAGE-4.51MILLION
SDR
FOR 5000 TO 140000 GROSS TONNAGE -4.51M SDR PLUS 631 SDR FOR
ADDITIONAL TONNAGE
FOR OVER 140000 GROSS TONNGE LIBILITY-89.77M SDR
