The United Arab Emirates has acceded the International Convention On Civil Liability for Bunker Oil Pollution Damage, 2001.
According to the IMO, the convention will enter into force in the UAE on 23rd of June 2021.
Operators should note that all UAE flagged ships including oil tankers over 1,000 gross tonnage are required to obtain the Bunker Convention Certificate from the Federal Maritime Authority of United Arab Emirates (FMA), represented by the Ministry of Energy & Infrastructure at the time the convention enter into force.
The Convention was adopted to ensure that adequate, prompt, and effective compensation is available to persons who suffer damage caused by spills of oil, when carried as fuel in ships’ bunkers.
It applies to damage caused on the territory, including the territorial sea, and in exclusive economic zones of States Parties.
The bunkers convention provides a free-standing instrument covering pollution damage only.
A key requirement in the bunkers convention is the need for the registered owner of a vessel to maintain compulsory insurance cover.
Another key provision is the requirement for direct action – this would allow a claim for compensation for pollution damage to be brought directly against an insurer.
The Convention requires ships over 1,000 gross tonnage to maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover the liability of the registered owner for pollution damage in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases, not exceeding an amount calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.