Today was published in the French Official Journal the Bill authorising the adhesion by France to the International Convention on Civil Liability for Bunker Oil Pollution Damage (2001) (so-called, Bunkers Convention). (Loi No. 2010-831 of 22 July 2010.)
The Bunkers Convention, and IMO Convention, aims to ensure 'adequate, prompt and effective compensation' of persons suffering damage caused by spills of oil carried as fuel in ships' bunkers.
The Bunkers Convention entered into force on 21 November 2008. Its scope of application is limited to damages occuring within the territory of its member parties, including territorial sea and exclusive economic zone (EEZ).
The Convention contains a series of key requirements regarding the liability regime in case of 'pollution damage': direct action, that can be brought against an insurer; the registered owner must maintain mandatory insurance cover. Three resolutions have been adopted in relation to the Convention.
Council Decision 2002/762/EC of 19 September 2002 had previously authorised the signature, ratification or accession to the Convention by the EU Member States (necessary due to the fact that Articles 9 and 10 of the Bunkers Convention affects the provisions of Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, giving the EU exclusive competence to negotiate and conclude international agreements in these matters.) Since no provision in the Bunkers Convention allows for the ratification by organisation such as the EU, MSs had to adhere individually.
References:
- JORF No. 168 of 23 July 2010;
- Legislative procedure of the French Act allowing adhesion;
- IMO website of the Bunkers Convention.
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