International Convention which apply to ships

Transcript International Convention which apply to ships

International Conventions which apply to ships

     the 1910 and 1952 Brussels Conventions on collision between vessels the 1989 London Convention on Salvage (of vessels) the 1952 Brussels Convention on arrest of ships the 1926 Brussels Convention on liens and mortgages (upon vessels) the 1976 Brussels Convention relating the limitation of liability of owners of sea-going ships DARDANI

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 the Athens Convention relating to the carriage of passengers on seagoing vessels  the 2007 Nairobi Convention on the Removal of Wrecks, which will enter into force on 14 April 2015, and applies to ships that have become wrecks because of a casualty DARDANI

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 the 1992 International Convention on Civil Liability for Oil Pollution Damage (CLC),  the 1992 Fund Convention and the 2003 Supplementary Fund Protocol,  the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER), which applies in case of bunker spilled outside a ship.

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1, 2) conventional fixed platforms; 3) compliant tower; 4, 5) vertically moored tension leg and mini-tension leg platform; 6) spar; 7,8) semi-submersibles; 9) floating production, storage, and offloading facility; 10) sub-sea completion and tie-back to host facility DARDANI

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How to distinguish a ship from other offshore objects

 What is?

 For what is?  What the legislator decides that is?

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The personification of the ship

   The vessel has a date of birth She is baptized She gets a nationality DARDANI

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 Most of the times she has class (!)  Sometimes she has patience, when she waits for the berth  Often she makes other people waits for her, before she gets ready to load or discharge  Most of the time she is a tramp, and jazz fans know that the lady is a tramp  Sometimes she is blamed, for what she does, especially if she hits another ship DARDANI

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    Therefore, she can be held responsible for her faults… …….and she can be even put under arrest She has sisters She may have a husband DARDANI

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Article 136 of the Italian code of navigation

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“Ship” means any construction having, as a destination, the transportation by waters, also for the scope of towage, fishing, leisure, or other scope.

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Italian Corte di Cassazione 15/11/1994 n. 9589

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A floating drydock towed from UK to Sicily is a ship during such towage?

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A floating drydock is not a ship

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The 1992 CLC Convention

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“Ship” means any sea-going vessel and seaborne craft of any type whatsoever,

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constructed or adapted for the carriage of oil in bulk as cargo,

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provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo

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and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard.

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The Greek Supreme Court in June 2006

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The «Slops» was originally a ship and was subsequently transformed into a FSU

• The Court held that it was a ship!

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The opinion of Professor Vaughan Lowe, Q.C.

• The definition of the term “ship”, contained in the 1992 CLC, is deliberately linked to the carriage (of oil in bulk), and such carriage was understood to involve the navigation of the ship on a voyage.

• Consequently, the FSOs (Floating Storage Offloading Vessels) cannot be included in the definition of “ship”.

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What about?

(i)barges being towed on sea voyages; (ii)purpose built FSOs that have their independent motive power and steering equipment for sea-going navigation so as to be employed either as storage units or carriage of oil in bulk as cargo; (iii)Craft originally constructed or adapted as vessels for transportation of oil but later converted to FSOs with capacity to navigate at sea under their own power.

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21 August 2009 Montara

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20 July 2010 Deepwater Horizon

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97° Session of IMO Legal Commitee

The Indonesian proposal

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The Italian legislation

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Directive 2004/35/CE

On environmental liability ELD

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Law 3 April 2006 n. 152

Implementation of the ELD Directive

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Directive 2013/30/UE dated 12 June 2013

Still to be implemented in Italy

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