This paper addresses the liability and financial responsibility for oil spills under the Oil Pollution Act 1990 and related statutes comments on the impact of the May 12th proposed legislative package in relation to the smaller US operators.
This Legal Briefing reviews the Regulation's key provisions of interest to Members and provides summary translations of its key articles.
This paper gives the ICS position on the proposed amendments that changes to the insurance and liability related aspects of OPA 90 are unwarranted given that few incidents have exceeded its limits.
OPA 90's current limits for ships are realistic, adequate, allow for necessary increases, and incorporate well-tested, proactive spill response mechanisms
This paper emphasises that differences between vessels and offshore facilities under OPA are necessary and that unlimited or unreasonable liability requirements for vessels under OPA should be opposed.
In this paper the Department of Justice is advocating the revision of OPA 90 and it believes the current limits are inadequate. Although it presents its argument in the context of offshore drilling it does not exclude shipping from its scope.
Review of OPA 90: offshore drilling industry warrants different liability regime from that applicable to ship operators and comments on limitation & insurability.
This paper reviews the role of the Oil Spill Liability Trust Fund and the National Pollution Funds Center. The liability limits and financial responsibility of the proposed May 12th legislative package are reviewed. The arrangements put in place by BP to meet the requirements of the OPA claims process are also reviewed.
Circular 7/10 (April 2010)
29/04/2010
REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF MARINE POLLUTION FROM SHIPS
Gas carrier ships are not required to carry Blue Cards in compliance with the 1992 International Convention on Civil Liability for Oil Pollution Damage (CLC). International Group clubs have discontinued issuing Blue Cards for gas carriers, both LNG & LPG, with immediate effect. Exceptionally, some older LPG vessels which were constructed or adapted to carry persistent oil in bulk as cargo remain entitled to obtain Blue Cards.
Circular 5/10 (February 2010)
12/02/2010
No further guidance on requirements for pre-contracting with OSROs has been received from the MSA since the Club's previous circular
China's first comprehensive system of marine pollution regulations take effect from 1st March 2010. The Maritime Safety Administration (MSA) is the enforcing agency for the Regulations supervising and administering prevention and control of marine pollution by ship operations. Before entering Chinese ports, ships carrying polluting hazardous cargo and all other ships over 10,000 gross tons must pre-contract with approved pollution response companies. Compulsory insurance is required to meet Chinese Maritime Code or 1992 CLC and Bunkers Convention where applicable.
Club cover for passengers and seamen is limited to $3,000 million, with a sub-limit on passenger claims of $2,000 million. Decision to buy collective overspill reinsurance protection on behalf of each club in the Group for all categories of claim up to $1,000 million in excess of the limit of the Group's reinsurance programme of $2,050 million. Club retention raised to $7 million. No separate overspill protection purchased by the Club for 2007. Oil pollution claims remain subject to a special limit under Rule 5B(ii) of $1,000 million for owned ships and a combined single limit of $350 million for chartered entries. War Risks P&I and US voyage surcharge premiums reported separately in Club Circulars 3/07 & 4/07
Liquid natural oils, fats and fatty products
01/01/1970