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Comparison of Basic Features

(CLC 69, CLC 92 & Bunker Convention)

CLC 69 CLC 92 Bunker


Convention

Ship any sea-going vessel and any sea-going vessel and any seagoing vessel and
any seaborne seaborne craft of any seaborne craft, of any
craft of any type type whatsoever type whatsoever.
whatsoever, actually constructed or adapted
carrying oil in for the carriage of oil in
bulk as cargo bulk as cargo, 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 and during any
voyage following such
carriage unless it is
proved that it has no
residues of such carriage
of oil in bulk aboard.
Oil any persistent oil such as any persistent Bunker oil: any
crude oil, fuel oil, heavy hydrocarbon mineral oil hydrocarbon mineral oil,
diesel oil, lubricating oil such as crude oil, fuel including lubricating oil,
and whale oil, heavy diesel oil and used or intended to be
oil, whether carried on lubricating oil, whether used for the operation or
board a ship as cargo or in carried on board a ship propulsion of the ship,
the bunkers of such a ship as cargo or in the and residues of such oil
bunkers of such a ship
Pollution damage loss or damage caused (a) loss or damage Same as CLC 92
outside the ship carrying caused outside the ship
oil by contamination by contamination
resulting from the escape resulting from the
or discharge of oil from the escape or discharge of
ship, oil from the ship,
wherever such escape or wherever such escape or
discharge may occur, and discharge may occur,
includes the costs of provided that
preventive measures and compensation for
further loss or damage impairment of the
caused by preventive
environment other than
measures
loss of profit from such
impairment shall be
limited to costs of
reasonable measures of
reinstatement actually
undertaken or to be
undertaken; (b) the costs
of preventive measures
and further loss or
damage caused by
preventive measures.
Geographic Territorial sea EEZ EEZ
scope
Liable parties Owner Owner Owner, operator,
bareboat charterer
Basis of liability Strict Strict Strict, joint and several
Defenses Act of God, act of war, Same Same
third party sabotage,
governmental negligence
Limits of liability SDR133/limitation ton, but (a) SDR3 million for a Depending on the
not exceeding 14million ship not exceeding limitation law of the
SDR 5,000 gross ton; State where pollution
(b) for a ship exceeding damage occurs
5,000gross ton, for each
additional ton, SDR420
in addition to SDR3
million; provided that
the aggregate amount
shall not exceed
SDR59.7 million.
Limitation fund Yes Yes Not required under this
required Convention, but may be
required under domestic
limitation law
Conduct barring Actual fault or privity of Owners personal act or Depending on the
limitation the owner omission, committed limitation law of the
with the intent to cause State where pollution
such damage, or damage occurs
recklessly and with
knowledge that such
damage would probably
result.
Compulsory For registered owner of Same as CLC 69 For registered owner of
Insurance ship carrying more than ship with tonnage
2,000 tons of oil in bulk as greater than 1,000 gross
cargo tons

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