What is the background and relevance of the Bunkers Convention 2001, and how do pollution damage, bunker oil, time limits and exclusions differ from the CLC 1992?
Short answer
| Term (article 1) | Bunkers Convention 2001 | Against the CLC 1992 |
|---|---|---|
| Pollution damage | loss or damage outside the ship by contamination from bunker oil, reinstatement costs, preventive measures | same structure, but the oil is persistent cargo oil from a tanker |
| Bunker oil | any hydrocarbon mineral oil, including lubricating oil, for operation or propulsion, and residues | the CLC covers persistent oil carried as cargo |
| Time limits (article 8) | three years from the damage, never more than six from the incident | the same three and six years |
| Exclusions | hostilities, natural phenomenon, a third party’s intentional act, negligence of a navigational-aids authority (article 3); CLC-covered damage excluded (article 4) | the same exonerations; liability on the registered owner only, with the IOPC Fund |
- Background: the CLC 1992 covers only tankers’ cargo oil; non-tankers carrying thousands of tonnes of their own fuel had no regime, so IMO adopted the Bunkers Convention on 23 March 2001, in force 2008.
- Relevance: strict liability on a broadly defined shipowner (owner, registered owner, bareboat charterer, manager, operator), compulsory insurance and a certificate over 1,000 GT with direct action, LLMC limits, no separate fund.
- (a) Pollution damage: loss or damage outside the ship by contamination from bunker oil, reinstatement costs and preventive measures; the same wording as the CLC, different source oil.
- (b) Bunker oil: any hydrocarbon mineral oil, including lubricating oil, for the operation or propulsion of the ship, and residues; the CLC covers persistent cargo oil.
- (c) Time limits (article 8): three years from the damage, never more than six from the incident; identical to the CLC.
- (d) Exclusions: hostilities, an exceptional natural phenomenon, a third party’s intentional act, a navigational-aids authority’s negligence (article 3); CLC-covered damage excluded (article 4); India: MS Act 2025 s.177, s.204, s.206.
Full answer
The full answer explains each point step by step, with the regulations and figures behind it and the discussion from other candidates. It is in the MEO Class I section of the Marine One forum, open to members enrolled for the MEO Class I exam.