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					                      Singapore Shipping Association
24 April 2008

Ref: SSA/050/08/EML

To: All SSA Ordinary Members – Owners & Managers of Singapore-Flagged Ships


BUNKER CONVENTION 2001

The International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
(Bunker Convention 2001) was adopted in 2001 by the International Maritime
Organization (IMO).

The Convention is modeled on the International Convention on Civil Liability for Oil
Pollution Damage, 1992 (CLC 92), which Singapore is a party to. As with CLC 92, a
key requirement in the Bunker Convention is the need for the registered owner of a
vessel over 1,000 GT registered in a State Party to the Convention to maintain
compulsory insurance to cover liability for pollution damage, with liability limits
pegged to the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC
76). Furthermore, the ship will be required to carry on board a certificate (the
Bunker Convention Certificate) certifying that the ship has obtained the necessary
insurance or other financial security.

Under the Bunker Convention, victims of oil pollution in a State Party to this
Convention will be able to claim compensation directly from the ship’s insurer even if
the owner of the ship is unable or unwilling to pay for the compensation.

Criteria for entry into force of the Convention were met on 21 November 2007,
following accession to the treaty by Sierra Leone, such that the Convention will come
into force with effect from 21 NOVEMBER 2008.

With the entry into force of the Convention, all applicable Singapore ships (ie ships
over 1,000 gt) will need to possess a Bunker Convention Certificate issued by the
MPA as evidence that the ship is maintaining insurance cover in accordance with the
Convention.




           59 Tras Street, Singapore 078998   Tel: 6222 5238    Fax: 6222 5527
            E-mail: ssa.admin@ssa.org.sg      Website: http://www.ssa.org.sg
MPA has since informed SSA that the estimated fee for each Bunker Convention
Certificate would be approximately S$60. It is to be expected that a final figure will be
announced at the upcoming Maritime Forum scheduled to be held in July 2008.

In the interim, all members are kindly requested to note that MPA has previously
issued Shipping Circulars No. 23 of 2007 and No. 12 of 2006 informing shipping
owners/agents/management companies of Singapore registered ships (SRS)
pertaining to the coming into force of the International Convention on Civil Liability for
Bunker Oil Pollution Damage. Copies of the MPA Circulars are attached for your
reference.

Copies can also be found on the MPA website at:

SC No. 23 of 2007:
http://www.mpa.gov.sg/circulars_and_notices/shipping_circulars/sc07-23.htm

SC No. 12 of 2006:
http://www.mpa.gov.sg/circulars_and_notices/shipping_circulars/sc06-12.htm


Best regards,



Tsui Chiang, Quek
Executive Officer




                                                                                        2
Circulars and Notices                                                                                                          Page 1 of 2



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 CIRCULARS & NOTICES > SHIPPING CIRCULARS
                                                                                                                         Introduction

                                                                                                                         Port Marine Circulars
                        No. 12 of 2006
                                                                                                                         Port Marine Notices
                                                                                                                         Maritime Security
                        25-05-2006                                                                                       Notices
                                                                                                                         Shipping Circulars
                        THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR
                                                                                                                         Shipping Notices
                        BUNKER OIL POLLUTION DAMAGE, 2001 (BUNKER
                                                                                                                         Reports of IMO
                        CONVENTION)
                                                                                                                         Meetings
                                                                                                                         Flu Pandemic Info

                        Applicable to: Ship owners, managers, operators, agents, masters, crew
                        members and insurers

                        This circular informs the shipping community of Singapore’s accession to
                        the Bunker Convention

                        1 MPA through a press release has informed the shipping community of
                        Singapore’s accession to the International Convention on Civil Liability for
                        Bunker Oil Pollution Damage, 2001 (Bunker Convention) on 31 Mar 06.

                        2 The purpose of the Bunker Convention is to ensure that adequate,
                        prompt and effective compensation is available to persons who suffer
                        damage caused by bunker oil pollution from ships other than oil tankers.
                        The Convention provides a free-standing instrument covering pollution
                        damage only.

                        "Pollution damage" means:

                        (a) loss or damage caused outside the ship by contamination resulting
                        from the escape or discharge of bunker oil from the ship, wherever such
                        escape or discharge may occur, provided that compensation for
                        impairment of the environment other than loss of profit from such
                        impairment shall be limited to costs of reasonable measures of
                        reinstatement actually undertaken or to be undertaken; and

                        (b) the costs of preventive measures and further loss or damage caused
                        by preventive measures.

                        3 The Convention is modelled on the International Convention on Civil
                        Liability for Oil Pollution Damage, 1969. As with that convention, a key
                        requirement in the Bunker Convention is the need for the registered
                        owner of a vessel to maintain compulsory insurance cover.

                        4 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 (GT) 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.

                        5 The Convention will enter into force 12 months following the date on
                        which 18 States, including five States each with total GT not less than 1
                        million GT, have accepted it. Presently, 10 States, namely, Cyprus,
                        Greece, Jamaica, Latvia, Luxembourg, Samoa, Singapore, Slovenia,
                        Spain and Tonga, with 13.22 per cent of world tonnage have accepted the
                        Convention. Of these ten States, Cyprus, Greece, Singapore and Spain




http://www.mpa.gov.sg/circulars_and_notices/shipping_circulars/sc06-12.htm                                                        24/04/08
Circulars and Notices                                                                              Page 2 of 2



                  have fleets of more than 1 million GT.

                  6 Singapore’s accession to the Bunker Convention will enable it to bridge
                  the gap in current international civil liability and compensation regime,
                  with guaranteed compensation for pollution damage arising from bunker
                  oil spill from non-tankers.

                  7 Our obligations under the Convention include giving effect to the
                  Convention in our laws, enforcing the laws, and issuing certificate of
                  insurance to Singapore ships and ships calling at Singapore based on the
                  insurance (blue cards) issued by recognized insurance companies. Our
                  accession to the Convention will, therefore, facilitate clearance of our ships
                  in ports of other member Parties when it comes into force.

                  8 MPA will prepare the necessary legislation to be brought into force on
                  the same date the Convention comes into force internationally (i.e. one
                  year following the date the conditions mentioned in paragraph 5 have
                  been met). Hence, Singapore ships and foreign ships calling at Singapore
                  will not need to comply with the provisions of the Convention until it
                  enters into force internationally.

                  9 The Shipping Community is urged to take early action to comply with the
                  Convention when it comes into force internationally. The date of the entry
                  into force of the Convention will be notified through another circular.

                  10 Any queries relating to this circular should be directed to Mr Zafrul
                  Alam (Tel: 63756204).



                  KHONG SHEN PING
                  DIRECTOR OF MARINE
                  MARITIME AND PORT AUTHORITY OF SINGAPORE




http://www.mpa.gov.sg/circulars_and_notices/shipping_circulars/sc06-12.htm                           24/04/08
Circulars and Notices                                                                                                       Page 1 of 1



  Home        Join us         Sitemap        Contact Us        Search         Terms of Use        Privacy Statement




   Port Development             Industry Development          Manpower Development

   Safety & Environment         Maritime & Port Security      Circulars & Notices                      About MPA           Info Centre


 CIRCULARS & NOTICES > SHIPPING CIRCULARS
                                                                                                                      Introduction

                                                                                                                      Port Marine Circulars
                        No. 23 of 2007
                                                                                                                      Port Marine Notices
                                                                                                                      Maritime Security
                        18-12-2007                                                                                    Notices
                                                                                                                      Shipping Circulars
                        THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR
                                                                                                                      Shipping Notices
                        BUNKER OIL POLLUTION DAMAGE, 2001 (BUNKER
                                                                                                                      Reports of IMO
                        CONVENTION)
                                                                                                                      Meetings
                                                                                                                      Flu Pandemic Info
                        Applicable to: Ship owners, managers, operators, agents, masters, crew
                        members and insurers

                        This circular informs the shipping community of the date of entry into
                        force of the Bunker Convention and urges the shipping community to take
                        necessary action to comply with the Convention.

                        1   Shipping Circular No.12 of 2006 informed the shipping community of
                        Singapore’s accession to the International Convention on Civil Liability for
                        Bunker Oil Pollution Damage, 2001 (Bunker Convention) on 31 Mar 06 and
                        urged the Shipping Community to take early action to comply with the
                        Convention when it enters into force internationally. The Circular also
                        advised the Shipping Community that the date of entry into force of the
                        Convention would be notified through another circular.

                        2    The IMO, in a recent press briefing, announced that criteria for entry
                        into force of the Convention was met on 21 Nov 07 and the Convention
                        will enter into force one year after this date.

                        3 MPA is preparing the necessary legislation to be brought into force on
                        the same date the Convention comes into force internationally. Singapore
                        ships and foreign ships calling at Singapore will need to comply with the
                        provisions of the Convention and our legislation when they are in force.

                        4 The Shipping Community is urged to take early action to comply with
                        the Convention when it comes into force.

                        5   Any queries relating to this circular should be directed to Mr Zafrul
                        Alam (Tel: 6375 6204).

                        KHONG SHEN PING
                        DIRECTOR OF MARINE
                        MARITIME AND PORT AUTHORITY OF SINGAPORE




http://www.mpa.gov.sg/circulars_and_notices/shipping_circulars/sc07-23.htm                                                     24/04/08

				
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