State Party News

The ongoing oil pollution incident from the grounded 203,000 DWT bulk carrier MV Wakashio is threatening an ecological catastrophe around the Indian Ocean island of Mauritius, endangering corals, fish and other marine life already under threat from climate change (IPCC 2018).In addition, it risks bringing devastating consequences for the economy, food security, health and tourism industry. Tourism in Mauritius - a popular destination for its pristine beaches - reportedly contributed about $1.6 billion to its economy during the last year…

The maritime authorities of the Government of Mexico have agreed to place a high priority on ratifying three important  International Maritime Organization (IMO) legal conventions, following a workshop in Mexico City.Mexico has said it will work towards ratifying the 2003 Fund Protocol, the 2001 Bunkers Convention and the 2007 Nairobi Wreck Removal Convention. It will also consider accession to the 2010 HNS Convention. The Governments of Guatemala and Honduras expressed similar intent.Both the Fund Protocol and the Bunkers Convention deal with compensation following oil spills from ships. Together with the 1992 Civil Liability and Fund Conventions…

The International Chamber of Shipping (ICS), representing the world’s national shipowners’ associations and 80% of the world merchant fleet, has voiced deep concern about a proposed legislation in Canada which it says will interfere with international maritime trade. The Canadian Parliament is giving consideration to legislation that would have the effect of establishing a moratorium on the shipment of crude oil in the waters of Northern British Columbia (Bill C-48: An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast).

Skuld Singapore  has reminded all members that Singapore has ratified the Wreck Removal Convention (WRC) which entered into force in Singapore on 8 September 2017. "As members will be aware, the WRC requires among other matters owners of ships over 300 GT to have in place insurance to cover the costs of wreck removal. Skuld, like all the clubs within the International Group, has appropriate wreck removal cover available to their members," said a statement from the international mutual marine insurance company. Owners of ships that call at ports of States which have already ratified the WRC and which mandate production of an insurance certificate (the "Blue Card") as a port entry requirement…

ICS Secretary General Peter Hinchliffe reaches out to the Canadian Transport Minister in a letter this week. I am writing on behalf of the International Chamber of Shipping (ICS) which is the principal global trade association for shipowners representing over 80% of the world merchant fleet. ICS membership comprises national shipowners’ associations from 37 nations, and includes the Canadian Shipowners’ Association and the Chamber of Shipping of British Columbia. ICS represents all sectors and trades of the shipping industry…

Whether driven by treasure hunting or environmental protection, the days of forgotten wrecks, even at great depths, is past. It seems like every month we see reports of long-lost maritime wrecks being discovered on the ocean bottom and treasures being salvaged from great depths. We also hear regularly of oil being recovered from sunken wrecks. There is now no practical limit to the ability to recover objects from the sea floor, regardless of depth, currents, weather, or other obstacles. The only existing obstacle seems to be financing - and costs are decreasing regularly.

The Liberian Registry said delivery of Wreck Removal Convention certificates is now faster and more convenient for shipowners following the launch if its new online application system. The system was set up to expedite shipowners’ compliance with the requirements of the Nairobi International Convention on the Removal of Wrecks 2007 (WRC), which comes into force on April 14, 2015, requiring owners of vessels of 300 gt and above to carry a certificate as evidence of compliance that insurance or financial security is in place to cover their liability under the convention.

The Cook Islands has acceded to the Nairobi International Convention on the Removal of Wrecks, 2007 (“The Nairobi Convention”). As a State Party, Cook Islands will issue Wreck Removal Certificates to its own ships and also to ships flying the flags of states that have not yet become party to the Nairobi Convention. The Nairobi Convention, which will come  into force on 14 April 2015, requires all ships over 300 GT (including fishing vessels and commercial yachts) to have insurance in place to cover the location, marking and removal of a wreck; deemed to be a hazard in a State party’s Convention area. Glenn Armstrong, Managing Director of Maritime Cook Islands…

Liberia acceded to the Nairobi International Wreck Convention on the Removal of Wrecks, 2007, on January 8, 2015, and thus becomes the largest flag state party to the convention. The Nairobi Convention covers shipwrecks that could have a potential adverse effect on the safety of lives and property at sea, as well as the marine environment. When it enters into force on April 14, 2015, it will fill a gap in the existing international legal framework by providing the first set of uniform international rules aimed at ensuring the prompt and effective removal of wrecks.

In recent months, the Coast Guard received complaints alleging that certain waterfront facilities within the Sector Houston-Galveston area of responsibility are charging an unreasonable price to remove MARPOL residues/waste from vessels. The cost of these services should not present a disincentive to users which may deter the use of reception facilities. Upon investigation, we have substantiated some of these allegations. The IMO "Guide to Good Practice for Port Reception Facility Providers and Users" (MEPC.1/Circ.671/Rev.1) states, "Although the port structure in a State Party may or may not accommodate cost/pricing schemes and/or other incentives for MARPOL residues/wastes delivery ashore, reception facility services should be provided at a reasonable cost.

Entry into force of the Maritime Labour Convention, 2006 (MLC) Circular 10/13: International Group P&I clubs clarify financial aspects. Members are referred to the previous circular issued in March this year on the Maritime Labour Convention (MLC). The imminent entry into force of the MLC has brought the Convention and its requirements on shipowners into focus and in particular the financial security requirements established in the Convention. By way of clarification and for Members’ guidance, the financial security requirements on shipowners set out below will become effective with the entry into force of the MLC on 20 August 2013.

The Maritime Labor Convention 2006, sponsored by the International Labor Organization (ILO) and better known as MLC 2006, will enter into force on August 20, 2013. It has been ratified by 35 nations as of the date of the preparation of this article, including Australia, Canada, Denmark, Greece, Panama, Singapore and Spain. The United States has not ratified MLC 2006, and it is unclear whether it ever will – not so much as of objection to its various provisions, but more due to sheer inertia.

Prominent UK and US maritime lawyer and maritime author Dr John A.C. Cartner is calling on the International Maritime Organization (IMO) to enact changes to the Safety at Life at Sea Convention (SOLAS) to combat the continuing problem of piracy facing the global merchant fleet by allowing ships to carry armed guards. Piracy is a growing phenomenon with 1,181 seafarers captured and eight killed in 2010. According to Dr Cartner, managing member of Washington-based law firm Cartner & Fiske LLC, under SOLAS and other laws it is a ship master’s doctrinal duty to protect the lives of those aboard his ship, but that he may not currently lawfully do this with private armed guards.

The UK P&I Club offered the following briefing on Chinese marine pollution law. Ship owners and operators trading in Chinese waters face an extensive set of new legal and regulatory requirements governing their roles and responsibilities in oil pollution incidents. China’s Prevention and Control of Marine Pollution from Ships Regulation was implemented on 1st March 2010. It dovetails with the Marine Environment Protection Law of the People’s Republic of China, laying down the principles and outlining the country’s marine pollution legal system. However, the detailed requirements under the Regulation have yet to be revealed. Chinese ministries have other supplementary regulations in the pipeline, such as the management and funding of a ship oil pollution compensation fund.

The last significant gap in the international regime for compensating victims of oil spills from ships is set to be closed, with the entry into force on 21 November 2008 of an international treaty covering liability and compensation for pollution damage caused by spills of oil, when carried as fuel in ships' bunkers. Current regimes covering oil spills do not include bunker oil spills from vessels other than tankers. Criteria for entry into force of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 were met on 21 November 2007, following accession to the treaty by Sierra Leone. The Convention was adopted in 2001 by the International Maritime Organization (IMO)…

The List of countries assessed to be properly implementing the revised STCW Convention (STCW 95) has been updated by IMO. The First Extraordinary Session of the Organization's Maritime Safety Committee (MSC), meeting on November 27 and 28, received reports from IMO Secretary-General William O'Neil confirming that a further eight Member States had communicated information demonstrating that they were giving "full and complete effect" to the relevant provisions of the Convention. The List of Confirmed Parties now comprises 102 States and one IMO Associate Member. A position on the list entitles other parties to the STCW Convention to accept…