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CLC Certificates for the 1969 and 1992 Civil Liability Conventions

Shipping Notice: CISN 02/1998

Published 30th April 1998, 3:21pm

Printable Version

To: Owners, Operators, Managers and Masters of Cayman Registered Vessels

  1. Article VII of the International Convention on Civil Liability for Oil Pollution Damage (CLC) makes insurance compulsory for ships carrying more than 2,000 tons of oil in bulk as cargo. Such ships must carry a certificate issued by a state as proof of compliance with this requirement.

  2. Since May 30, 1996, two versions of the CLC have been in force simultaneously; the original Convention of 1969, and that Convention as amended by the Protocol of 1992. Those states which are party to both the 1969 and 1992 CLC have generally continued to accept certificates issued by states which are party only to the 1969 CLC.

  3. On 16 May 1998 states which are parties to the 1992 CLC, including the Cayman Islands, will cease to be a party to the 1969 CLC. Thus those Certificates issued from this office in February this year stating that both versions of the CLC Convention are recognised will in fact only be valid for the 1992 CLC from this date.

  4. The International Group of P & I Clubs has issued a statement that where there is in force a policy of insurance satisfying the requirement of Article VII of the 1992 CLC, there is also in force a policy of insurance satisfying the requirement of Article VII of the 1969 CLC.

  5. Furthermore the Legal Committee of the International Maritime Organisation has issued a circular Ref. LEG t1/WP2 dated 23 April 1998 on this subject. Paragraph 7 of this circular states that “in order to minimise the practical problems caused when states (which are) Parties to the 1992 CLC cease to be a party to the 1969 CLC the Legal Committee recommends that where legally possible in accordance with their national law, States (which are) Parties to the 1969 CLC accept CLC certificates issued by States (which are) Parties to the 1992 CLC as proof that a ship has insurance cover as required by the 1969 CLC.

  6. In February this year all owners of Cayman Islands registered tankers were issued with CLC Certificates under both Conventions under the transition arrangements then existing. After 16 May it will be necessary to obtain a certificate covering the 1969 CLC pollution liabilities from another source, in order to enter the waters of States which are parties to the 1969 CLC. Those states are set out in the annex to this circular. Once this certificate has been obtained it can be retained on board for use during calls to any 1969 CLC States for the remainder of the policy year.

  7. To assist owners of vessels flying flags of 1969 CLC States, the United Kingdom has agreed to provide 1992 CLC Certificates so that the vessels may trade to States which are party to the 1992 CLC. These certificates can be obtained, upon presentation of the vessel’s Blue Card from:

Maritime and Coastguard Agency

Marine Office,
Central Court
1B Knoll Rise
Orpington
Kent BR6 05A
United Kingdom
Tel: +44 1689 890 400
Fax +44 1689 890 446
The registration fee is £33.

ANNEX

STATES PARTY TO THE CLC 1969 AS AT 1ST JANUARY 1998

Albania, Algeria, Antiqua & Barbuda, Australia*, Bahamas*, Bahrain*, Barbados, Belgium, Belize, Benin, Brazil, Brunei, Darussalam, Cambodia, Cameroon, Canada, Chile, China, Columbia, Cote d’Ivoire, Croatia, Cyprus*, Denmark*, Djibouti, Dominican Republic, Ecuador, Egypt*, Equatorial Guinea, Estonia, Fiji, Finland*, France*, Gabon, the Gambia, Georgia, Germany*, Ghana, Greece*, Guatemala, Iceland, India, Indonesia, Ireland*, Italy, Japan*, Kazakhstan, Kenya, Kiribati, Republic of Korea*, Kuwait, Latvia, Lebanon, Liberia*, Luxembourg, Malaysia, Maldives, Malta, Marshall Islands*, Mauritania, Mauritius, Mexico*, Monaco*, Morocco, Mozambique, Netherlands*, New Zealand, Nicaragua, Nigeria, Norway*, Oman*, Panama, Papua New Guinea, Peru, Poland, Portugal, Qatar, Russian Federation, Saint Kitts & Nevis, Saint Vincent & the Grenadines, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Slovenia, Solomon Islands, South Africa, Spain*, Sri Lanka, Sweden*, Switzerland*, Syrian Arab Republic, Tonga, Tunisia*, Tuvalu, United Kingdom*, Vanuatu, Venezuela, Yemen.

* These countries have denounced the 1969 Convention with effect from midnight on 15 May 1998.

The United Kingdom has denounced on behalf of, inter alia, Bermuda, Cayman Islands, Gibraltar, Hong Kong and the Isle of Man.

The 1992 CLC will enter into force in Jamaica on 6 June 1998, in the Philippines on 7 July 1998, Uruguay on 9 July 1998, Singapore on 18th September 1998 and the United Arab Emirates on 19 November 1998.

N.B. It is possible that Japan and Singapore may continue their present practice of only accepting Certificates issued by the flag state of the ship. In this case it may be necessary for ships registered in States which are not party to the relevant convention to obtain additional Certificates from Japan and/or Singapore.

For further information contact: Corporate Communications