2019/20
Contents
Emergency contact 1
ITOPF in brief 2
Benefits freely available to ITOPF Members and Associates 3
ITOPF Directors 4
Staffing 5
Technical services 10
Oil tanker spill statistics 20
Different types of marine spills 22
Fate of oil spills 27
Classification of oils 29
Oil spill response techniques 31
Contingency planning & response management 36
Effects of marine oil spills 38
Pollution liability and compensation 42
Status of international conventions 49
Terms and Conditions of Membership 50
Terms and Conditions of Associate Status 51
ESSENTIAL ADDITIONAL
INFORMATION USEFUL INFORMATION
• Contact details of the person • Weather and sea conditions,
reporting the incident wind speed and direction
• Name of vessel and owner • Length, breadth and appearance
• Date and time of the incident of any slicks or plumes, including
(specifying local time or GMT/ direction of movement
UTC) • Type of resources that may be at
• Position (e.g. latitude and risk (e.g. fisheries or residential
longitude or distance and areas)
direction from the nearest port or • Distribution of cargo and
landmark) bunkers and location relative to
• Cause of the incident (e.g. damage
collision, grounding, explosion,
fire, etc) and nature of damage HNS Chemicals
• Description and quantity of cargo • State – solid, liquid, gas, bulk,
and bunker fuel on board packaged
• Estimate of the quantity spilt or • UN or CAS number, MSDS, cargo
likelihood of spillage manifest
• Name of the cargo owner
ITOPF HANDBOOK 2019
1
ITOPF in brief
ITOPF is maintained by the world’s
shipowners and their insurers on a
not-for-profit basis to promote effective
contingency planning and other
advisory assignments for government
and industry. We are an authoritative
response to spills of oil, chemicals source of information on marine spills
and other substances in the marine and share our knowledge at training
environment. courses and seminars throughout
the world, encouraging best practice
Our technical staff have attended through outreach and education.
on-site at over 800 shipping incidents
in 100 countries to provide objective The majority of our income comes
scientific advice on clean-up measures, from dues from shipowners, paid
the effects of pollutants on the on their behalf by Protection and
environment and economic activities, Indemnity (P&I) insurers. Shipowners
and on compensation. These incidents are enrolled in ITOPF either as
can involve oil, chemicals and other Members (for tankers, barges,
bulk or packaged cargoes, as well as LPG/LNG carriers, FPSOs/FSUs or
bunker fuel from all types of ship. We combination carriers) or Associates
also provide advice in relation to oil (for other types of ship). Our services
spills from other potential sources of are provided to Members, Associates
marine pollution, including pipelines and their P&I insurers, usually at no
and offshore installations; physical cost, apart from expenses. We are also
damage to coral reefs resulting from available to assist at the request of
ship groundings; and environmental governments and intergovernmental
impacts associated with shipwrecks. organisations such as the International
Maritime Organization (IMO) and
Our first-hand experience of the International Oil Pollution
pollution incidents is utilised during Compensation Funds (IOPC Funds).
Observer status
Established
Christmas
Eve
1968 IMO IOPC
Funds
ITOPF HANDBOOK 2019
2
Benefits freely available to ITOPF
Members and Associates 8,000
Members owning
or operating
13,600
• emergency 24/7 technical advice and, where
necessary, attendance on-site at incidents
involving a spill (or potential spill) of oil,
chemicals or other substances; tankers, barges, LPG/LNG
carriers, FPSO/FSUs or
• highly qualified and experienced technical staff combination carriers totalling
810
• educational seminars and workshops;
• historic information and statistics relating to oil
and chemical spills;
• technical publications and films; million GT
• access to ITOPF’s London based library;
• 24/7 access to the online Membership
Database to retrieve copies of Membership Associate
Record Forms (applicable to Members only); dues
• Access to ITOPF’s services is automatic and part 0.38p/GT
of P&I cover.
3
ITOPF Directors
Chairman
Mr Paddy Rodgers Euronav n.v., UK
Managing Director
Dr Karen Purnell ITOPF Limited, UK
Directors
Mr Abdullah Aldubaikhi Bahri, Saudi Arabia
Mr Billy Chiu BW Maritime Pte Ltd, Singapore
Mr Clovis Garzia Transpetro, Brazil
Mr Erik Hånell Stena Bulk AB, Sweden
Mr Jonathan Hare Assuranceforengen Skuld, Norway
Dr Grahaeme Henderson Shell International Trading & Shipping Co Ltd, UK
Mr Christian Ingerslev Maersk Tankers Singapore Pte/Maersk Tankers A/S, Denmark
Mr Jens Martin Jensen Premuda spa, Italy
Capt Tomoyuki Koyama NYK Line, Japan
Mr Donald Kurz Keystone Shipping Co, USA
Mr Kevin MacKay Teekay Shipping, Canada
Mr Mark Martecchini Stolt Tankers B.V., Netherlands
Mr Guy Mason BP Shipping Ltd, UK
Mr Tony Paulson West of England P&I Club, UK
Mr Sergey Popravko SCF – Unicom Management, Cyprus
Mr Cory Quarles ExxonMobil, SeaRiver Maritime, Inc., USA
Mr Mark Ross Chevron Shipping Company LLC, USA
Mr Hiroaki Sawabe The Japan Ship Owners’ Mutual P&I Association, Japan
Mr Kazuyoshi Takayama JX Ocean Company Ltd, Japan
Mr Hannes Thiede F. Laeisz Schiffahrtsgesellschaft, Germany
Dr Chao Wu Thomas Miller P&I Club, UK
Capt Zhu Mai Jin China Shipping Tanker Company Ltd, China
ITOPF HANDBOOK 2019
Technical Director
Richard Johnson is a marine biologist and holds a master’s degree in
radiation and environmental protection. Before joining ITOPF in 1994,
he worked on investigating the fallout from the Chernobyl accident and
assessing radioactive contamination of the marine environment. Richard
became Technical Director in 2009 and is responsible for the strategic
oversight and delivery of ITOPF’s technical services.
PA
Jo Woodward joined ITOPF in 2016 to provide PA support to Karen Purnell
and Richard Johnson. Jo has worked extensively as a Board level PA and
has spent a large part of her career working for large hotel and retail
organisations.
5
Technical Support Manager
Tim Wadsworth has degrees in engineering and law and joined ITOPF in
1991. He became Technical Support Manager in 2006 and is responsible for
ITOPF’s technical support functions, including the assessment of claims.
HR Manager
Vanessa Holliday has a business studies degree, a post graduate diploma
in people management and is a Chartered Member of the CIPD, the
professional body for HR and people development. She joined ITOPF in 2017,
bringing experience from a varied background in HR management, most
recently in the not-for-profit and public sectors.
6
Technical Advisers
7
Dr Conor Bolas has a degree in chemistry and holds a PhD in atmospheric
and analytical chemistry. He has experience of environmental monitoring of
tropical field sites in Southeast Asia and temperate ecosystems in the UK, as
well as research in materials and organic chemistry in industrial laboratories.
He joined ITOPF in 2019.
IT Systems Manager
Alan Smith has worked in IT for over 20 years in a variety of companies from
SME to enterprise. He joined ITOPF in 2019 and is responsible for developing
and supporting its information systems.
Information Officer
Deborah McKendrick has an MA in librarianship and joined ITOPF in 1996
from the Institute of Petroleum Library. She is responsible for ITOPF’s
publications, its extensive library, the website and the Country Profiles.
Membership Secretary
Karen Young joined ITOPF in 2008, having previously worked in a
membership role at the Institute of Marine Engineering, Science and
Technology (IMarEST). She is responsible for all matters relating to
Membership, including the issuance of Membership Record Forms and
liaising with relevant parties.
8
Finance Officer
Jenny Maher has over 25 years’ experience in preparing, managing and
reporting financial information as well as implementing new accounting
procedures, job costing systems and customised reports. She is responsible
for ITOPF’s financial management information systems and accounting
transactions, which includes the collection of Membership and Associate dues.
Finance Assistant
Chee-Ming Chung has a higher national diploma in business and finance
and over 15 years’ accounts experience across a variety of sectors. He joined
ITOPF in 2012 and provides administrative support for ITOPF’s financial
activities.
Natalie Boyle joined ITOPF in 2018 to cover Claire Keogh’s maternity leave.
Natalie has a degree in business administration and previous experience
working in HR.
Office Coordinator
Jayne Foster first joined ITOPF in 1998 as Team Secretary and, following a
career break, re-joined in 2012 as Secretary to the Technical Director. Now
Office Coordinator, Jayne manages the Office & Administration Team and has
overall responsibility for administrative activities to facilitate the smooth and
efficient running of the office.
Team Secretary
Afshan Prisaca joined ITOPF in 2018 and is responsible for organising travel
itineraries and conducting travel risk assessments. Afshan also provides
administrative and secretarial support to the team, including management of
the central diary system of staff movements and commitments.
9
Technical services
I TOPF promotes effective response
to marine spills of oil, chemicals
and other substances by providing
Associates and their P&I insurers,
apart from expenses. Our technical
services are also available to other
five core services. These are usually groups around the world involved
provided at no cost to our Members, with marine spills.
10
Responding to marine spills of oil, Mobilisation
chemicals and other cargoes is our
priority service. If the incident requires our immediate
attendance, we will determine the
Notification quickest and most effective way of
getting on site.
We can be notified of an incident in
a number of ways. Most often we We will also identify any potential
will be contacted by the vessel’s P&I health or personal risk concerns as
insurer via our emergency contact one of our Technical Advisers prepares
numbers (see page 1). We can to travel.
also be notified by our extensive
network of contacts, which include As we provide assistance throughout
correspondents, surveyors, spill the world from our office in London,
response organisations, government we pride ourselves on our ability to
agencies and port authorities. mobilise rapidly when needed.
ITOPF office
11
ITOPF discussing clean-up issues, France
Evaluation
13
Spills attended by ITOPF since 1970
Command and control is vital in spill efficient and effective as possible and
response, and early decisions may that damage is minimised, but that
have a lasting benefit. For this reason, subsequent claims for compensation
we usually try to integrate ourselves can be dealt with promptly and
into the command centre as quickly as amicably.
possible.
Remote advice
In all cases, our aim is to cooperate
and work closely with the government We are also available to provide
agencies, contractors and other parties generic advice remotely from the
involved in an incident, and to reach office for cases that may not require
agreement on measures that are full mobilisation. Common requests
technically justified in the particular include advice on the fate and effects of
circumstances. This not only helps a pollutant, the resources at risk or the
to ensure that the clean-up is as location of response equipment.
Provides
Attends remote Fluent in English,
on average advice
for an French, German,
20 25
average
of Portuguese,
Spanish
cases incidents
per year per year
ITOPF HANDBOOK 2019
14
We provide advice on the technical Our advice is also regularly sought
merit of claims for compensation in relation to environmental damage
arising from spills. In many cases caused by spills, and on the feasibility
this is a natural extension of our and technical justification of the
attendance on-site at the time of restoration measures proposed.
an incident. Claims assessment
usually involves evaluating the Our role is to encourage a cooperative
reasonableness of clean-up costs approach to the assessment of
and the merit of claims for damage pollution damage with a view to
to economic resources, such as facilitating the prompt and amicable
property or businesses, according to settlement of claims. In this regard,
internationally established criteria. The we provide support both to claimants
assessment of damage to fisheries, and to those who actually pay the
especially mariculture facilities, is a compensation, usually the P&I insurer
specialist area, which often requires and/or the IOPC Funds.
detailed analysis of complex claims. We
may work in conjunction with experts These bodies – not ITOPF – ultimately
who have in-depth knowledge of the decide whether or not a particular
affected area and the economics of its claim should be paid as factors, other
particular fisheries. than purely technical considerations,
may influence the final decision.
Response to Marine Oil Spills Films, Oil Tanker Spill Statistics, annual data
an award winning series of eight films on accidental oil spills from tankers,
tackling key issues related to oil spills combined carriers and barges since the
and how to deliver a well-planned and 1970s, derived from ITOPF’s database.
executed response, subtitled in multiple
languages. The first seven films are Country & Territory Profiles, short
available to buy as a DVD priced £10. reports summarising the spill response
arrangements and clean-up resources
1 Introduction to oil spills within individual maritime states.
2 Aerial surveillance
3 At-sea response GIS, displaying historic spills,
4 Shoreline clean-up international conventions and tanker
5 Waste management traffic data.
6 Environmental impacts
7 Oil spill compensation We also have a comprehensive library
8 Oil spills in cold climates containing a unique collection of
publications on marine spills, clean-
ITOPF HANDBOOK 2019
120
100
> 700 tonnes 7-700 tonnes
60
45.4
40 35.8
18.1
20
6.4
0
1970 1973 1976 1979 1982 1985 1988 1991 1994 1997 2000 2003 2006 2009 2012 2015 2018
Numbers of large (over 700 tonnes) and medium (7–700 tonnes) spills, 1970–2018
700
ATLANTIC EMPRESS
287,000 Tonnes
600
ABT SUMMER
260,000 Tonnes
400
EXXON VALDEZ
PRESTIGE SANCHI
37,000 Tonnes
63,000 Tonnes 113,000 Tonnes
200
ITOPF HANDBOOK 2019
ERIKA
20,000 Tonnes
HEBEI SPIRIT
11,000 Tonnes
100
1970 1973 1976 1979 1982 1985 1988 1991 1994 1997 2000 2003 2006 2009 2012 2015 2018
9%
9% Loading/Discharging
18%
18% Loading/Discharging
4%
4%
2%
2% Bunkering
Bunkering
<1% AtAtAnchor
<1% Anchor(Inland/Restricted)
(Inland/Restricted)
17%
17% AtAtAnchor
Anchor(Open
(OpenWater)
Water)
Underway
Underway(Inland
(Inland/Restricted)
/Restricted)
Underway
Underway(Open
(OpenWater)
Water)
50%
50% Other/Unknown
Other/Unknown
Fire/Explosion
ITOPF HANDBOOK 2019
13% Equipment
Other
13%
Failure
20%
Unknown Fire/Explosion
7 32%
Timber washed ashore from a grounded Nurdles collected from the shoreline,
cargo ship, UK South Africa
25
Oil soaked plastic and debris in mangroves, India
26
Fate of oil spills
T he fate of oil spilled in the marine
environment is dependent upon
factors such as the initial physical and
asphaltenes, resins and waxes.
COOL
Refinery gases, Low boiling point
including LPG Very volale
Fuel for heang,
cooking, refrigeraon,
Flow easily
Ignite easily
NON-PERSISTENT
<40C some vehicles
Tend to dissipate completely
Gasoline within a few hours and do
40-210C Fuel for cars not form emulsions
Naptha
Used in the
40-190C
producon of
chemicals
190-270C
Kerosene
Aircra fuel
Photo-
Oxidaon Evaporaon
Stranding Spreading Spreading
Emulsificaon
Sinking
Dispersion
Dissoluon
ITOPF HANDBOOK 2019
Example oils classified according to their ˚API (American Petroleum Institute gravity). Indicative ranges of expected
viscosities and distillation characteristics are provided for each group. Generally, when spilt, persistence increases with
group number. However, if an oil cools to below its pour point temperature, it will change from a liquid to a semi-solid.
This can occur for certain oils irrespective of whether they are classed as Group 2, 3 or 4. The pour points of oils classed 29
as Group 1 are sufficiently low so as not to be a concern in the marine environment.
Sedimentation – dispersed oil can A number of models are available
interact with sediment particles and for predicting the trajectory and
organic matter to sink to the seabed. weathering of oil spills at sea. These
can serve as a useful guide to
Biodegradation – metabolisation of understanding how a particular oil
oil by micro-organisms, dependent on is likely to behave and help when
temperature and upon the availability assessing the scale of impact.
of oxygen and nutrients.
Persistence
As a general rule, each process can
be put into one of two chronological When considering the fate of spilled
categories in terms of when their effect oil at sea, a distinction is frequently
is most significant: made between persistent oils and non-
persistent oils.
Early stage of a spill: spreading,
evaporation, sinking, dispersion, As a rule, persistent oils break up and
emulsification, dissolution, and dissipate more slowly in the marine
stranding environment and usually require an
active clean-up response. Persistent
Later stage of a spill: oxidation, oils typically include crude oils, fuel
sedimentation and biodegradation. oils, lubricating oils and heavier grades
These are longer term processes that of marine diesel oil. These oils pose a
will determine the ultimate fate of the potential threat to natural resources
oil spilled. when released, for example, through
impacts to wildlife, smothering of
Some of these processes, like natural habitats or oiling of amenity beaches
dispersion of the oil into the water, and mariculture facilities.
lead to the removal of the oil from the
sea surface, and facilitate its natural In contrast, non-persistent oils will
breakdown in the marine environment. dissipate rapidly, primarily through
Others, particularly the formation of evaporation. As a result, spills of these
water-in-oil emulsions, cause the oil to lighter oils rarely require an active
become more persistent, and remain at response beyond monitoring. Non-
sea or on the shoreline for prolonged persistent oils include gasoline, light
periods of time. diesel oil and kerosene.
The speed and relative importance Impacts from non-persistent oils may
of the processes depend on factors include effects on paint coatings in
such as the quantity and type of oil marinas and harbours and, at high
spilled, weather and sea conditions. concentrations, acute toxicity to marine
ITOPF HANDBOOK 2019
Dispersants are not the same as The decision on whether or not to use
detergents; dispersants are specially dispersants is seldom clear-cut and
formulated for oil spills at sea and, a balance has to be struck between
when used appropriately, are an the advantages and limitations of the
effective oil spill response strategy. different available response options,
Dispersants work by enhancing the conflicting priorities for protecting
natural dispersion of the oil into the sensitive resources from pollution
ITOPF HANDBOOK 2019
Once oil has reached the shoreline, Importantly, with Stage 2 clean-up,
the selection of the most appropriate collection of unoiled material should be
clean-up techniques requires a rapid kept to a minimum to prevent shoreline
evaluation of the degree and type erosion and avoid excessive waste.
of contamination, together with the Preferably, oiled material should be
length, nature and accessibility of the treated in-situ, for example by flushing
affected coastline. Where possible, (a technique using high volumes of
it is important to start removing oil low-pressure water to wash stranded
from affected shorelines as quickly as or buried oil from shorelines) or surf
possible to minimise its remobilisation washing (whereby the natural cleaning
and potential to affect other areas. As
time passes and the oil weathers, it
may adhere to rocks and sea walls or
become mixed or buried in sediments.
Pre-planning
37
Effects of marine oil spills
Environmental
41
Pollution liability and
compensation
A spill of oil may result in expenditure
and financial loss for a variety of
affected organisations and individuals.
legislation established nationally. This
legislation can be highly specific, such
as the Oil Pollution Act of 1990 (OPA ’90)
Despite the best efforts of those in the USA (described on page 46) or
concerned, the response and clean- be based on broader laws developed
up can be protracted and costly. Oil originally for other purposes. As a
may arrive on a shoreline resulting result, liability and the availability of
in damage to property and the compensation varies widely from
environment, with economic loss to country to country.
fishing, tourism and other commercial
activity. Those placed at a financial The sources of compensation
disadvantage as a result of a spill of oil for shipping incidents
may be eligible for compensation.
The insurer of a vessel’s third-party
Liability for the costs of a pollution liabilities, typically a P&I insurer,
incident will generally be set out in is usually the primary source of
civil law, as opposed to criminal law, compensation for an incident involving
in relevant national legislation. Many oil pollution from a ship. The 13
countries have signed a number of largest P&I Clubs provide cover for
international conventions relating to approximately 90% of the world’s
compensation for a release of oil from ocean-going tonnage and are members
a ship. These conventions provide of the International Group of P&I Clubs
uniform rules and criteria relating to (the International Group). These P&I
compensation claims for the owners of Clubs provide cover on behalf of their
ships, and for those affected by an oil shipowner and charterer members
spill in countries that have signed the for a wide range of liabilities, including
appropriate convention and in which pollution by oil and other hazardous
the spill occurred. substances. A further number of
commercial vessels are insured for
While the regime of international third-party liabilities by smaller P&I
compensation conventions aims insurers that operate in a similar way to
to provide global uniformity for all providers of domestic insurance.
scenarios of ship-source marine oil
pollution, these conventions have Government and publicly operated
ITOPF HANDBOOK 2019
not been ratified universally or are vessels, including warships and other
not yet in force. In incidents where vessels on military duty or charter,
an international convention does usually operate outside established
not apply, liability and the availability P&I and other commercial insurance.
of compensation for those affected Such vessels may be self-insured by
by pollution will be dependent upon government agencies.
42
Source of Financial Signatory
Convention Applicability
compensation limit1 States2
Dependent
1992 Civil
on GT up
Liability Shipowner 138
to ~$125.5
Convention
million
Tankers carrying persistent
1992 Fund oil cargo & bunker fuel oil 1992 Fund ~$203 million 116
Convention
2003
Supplementary ~$1,050
Supplementary 32
Fund million
Fund Protocol
2001 Bunkers Dependent
Bunker fuel oil from all ships Shipowner 92
Convention on GT
Dependent
Shipowner on GT up to
Ships carrying cargoes ~$160 million
2010 HNS
of HNS, including non- 4
Convention
persistent oils
Fund ~$350 million
made under the conventions without for Compensation for Oil Pollution
the need to prove that the owner of Damage (Fund Convention) provides
the ship causing the pollution was a second level of compensation for
at fault, and without a need, in most a release, or the threat of a release,
4
A definition of persistence is provided on page 30.
5
In some instances, persistent oil onboard a tanker may be covered alternatively by the 2001 Bunkers Convention.
44
of persistent oil from a tanker up to STOPIA and TOPIA
a fixed limit. The Fund Convention The Small Tanker Oil Pollution
established the International Oil Indemnification Agreement (STOPIA
Pollution Compensation Funds (IOPC 2006) applies to small tankers, insured
Funds), financed by a levy on receivers by a P&I Club in the International
of persistent oil in countries that have Group, that cause pollution damage
signed the convention. The IOPC Funds in a country in which the 1992 Fund
are an intergovernmental organisation, Convention is in force. Under STOPIA
administered by a Secretariat, based 2006, the liability under the 1992 CLC
in the headquarters of IMO in London, for owners of tankers up to 29,548
and governed by two bodies: an gross tonnes (GT) is increased to
Assembly and an Executive Committee. ~US$27.7 million.
1200
1100
1000
900
800
Liability limits (million US$)
CLC 92
600
STOPIA
500 Fund 92
400
300
200
100
ITOPF HANDBOOK 2019
0
25000 50000 75000 100000 125000 150000 175000 200000
Compensation limits under the 1992 Civil Liability and Fund Conventions (including 2003
Supplementary Fund Protocol and Small Tanker Oil Pollution Indemnification Agreement–
STOPIA)
45
is applicable to pollution damage amount of compensation to be paid is
caused by any hydrocarbon mineral oil reached on an amicable basis, without
used for the operation or propulsion the need for legal action and associated
of any type of sea-going vessel in the costs.
territory of a signatory country, as well
as to response activities undertaken USA – Oil Pollution Act of 1990 and
anywhere to protect a signatory Oil Spill Liability Trust Fund
country. Following the release of oil from EXXON
VALDEZ, in March 1989 in Alaska, the
The Bunkers Convention is a single- US Congress passed the Oil Pollution
tier compensation regime modelled Act of 1990 (OPA ‘90), which amended
on the CLC, but has no provision for the existing Clean Water Act. OPA ‘90
additional compensation above the includes provisions for liability and
shipowner’s limit. As with the CLC, a key compensation of releases of persistent
requirement of the Bunkers Convention and non-persistent oils from onshore
is the need for the registered owner of and offshore facilities, ships and other
a vessel (over 1,000 GT for the Bunkers watercraft. OPA ‘90 does not prevent
Convention) to maintain compulsory individual US States from implementing
insurance to cover liability, evidenced more stringent laws for releases of oil
by a Blue Card and a Convention and many have done so.
certificate. The limit of liability of the
shipowner is determined by separate The first level of liability is placed on the
applicable national legislation or an Responsible Party (the owner, operator
international limitation regime, such as or bareboat charterer of the vessel) and
the Convention on Limitation of Liability varies according to the type and size of
for Maritime Claims. the ship.
For an oil cargo tank vessel less than or equal to 2,000 GT = $7.05 million
3,000GT with a single hull, including a single-hull tank
vessel fitted with double sides only or a double bottom
only.
For a tank vessel less than or equal to 3,000 GT, other 2,000 GT = $4.7 million
than a vessel referred to above.
For an oil cargo tank vessel greater than 3,000 GT with a 10,000 GT = $35 million
single-hull, including a single-hull tank vessel fitted with
double sides only or a double bottom only. 50,000 GT = $175 million
For a tank vessel greater than 3,000 GT, other than a 10,000 GT = $22 million
vessel referred to above.
50,000 GT = $110 million
The greater of $2,200 per GT or $18,796,800
100,000 GT = $220 million
Liability and Compensation for Damage form. Some bulk solids, such as coal
in Connection with the Carriage of and iron ore are excluded from the
Hazardous and Noxious Substances convention.
by Sea, known as the HNS Convention.
The 2010 HNS Convention is not yet in The availability of compensation under
force. the HNS Convention will be modelled
largely on the existing Civil Liability
The convention will apply to the and Fund Conventions. However, the
carriage of HNS by sea by any sea- HNS Convention combines shipowner
going craft, including tankers and and cargo receiver liability in a single
bulk carriers carrying bulk cargoes, convention. For the first level, the
as well as container ships carrying shipowner will be liable strictly for
packaged goods. A large number of the loss or damage, up to an amount
substances are included under the dependent upon the size of the ship,
ITOPF HANDBOOK 2019
400
350
200
150
100
50
0
25000 50000 75000 100000 125000 150000 175000 200000 200000 200000
Compensation limits under the 2010 HNS Convention showing the limits in US$ for vessels of
ITOPF HANDBOOK 2019
48
Status of international conventions
This table shows which countries were parties to the 1969 CLC, 1992 CLC, 1992 Fund
Convention, 2003 Supplementary Fund, 1990 OPRC, OPRC-HNS, Bunkers and Wreck Removal
Conventions as at 18th March, 2019. x denotes that the convention is in force in that country,
whereas + denotes that it has been ratified but is not yet in force. o denotes that the country
has denounced that convention but that it has not yet taken effect. For a current list see the
IMO or IOPC Funds websites (www.imo.org; www.iopcfunds.org).
OPRC-HNS 00
Supp Fund 03
OPRC-HNS 00
OPRC-HNS 00
Supp Fund 03
Supp Fund 03
BUNKERS 01
BUNKERS 01
BUNKERS 01
FUND 92
FUND 92
FUND 92
OPRC 90
OPRC 90
OPRC 90
WRECK
WRECK
WRECK
CLC 69
CLC 92
CLC 69
CLC 92
CLC 69
CLC 92
Albania x x x x x x Germany x x x x x x x Norway x x x x x x
Algeria x x x Ghana x x x x Oman x x x
Angola x x x Greece x x x x x x Pakistan x x
Antigua & Barbuda x x x x x Grenada x x x Palau x x x x x x
Argentina x x x Guatemala x x Panama x x x x
Australia x x x x x x Guinea x x x Papua New Guinea x x
Austria x Guinea-Bissau Peru x x x
Azerbaijan x x x x Guyana x + + + + + Philippines x x x
Bahamas x x x x x Haiti Poland x x x x x x
Bahrain x x x x Honduras x x Portugal x x x x x x x
Bangladesh x Hungary x x x x Qatar x x x
Barbados x x x x Iceland x x x Romania x x x x
Belarus India x x x x Russian Federation x x x x
Belgium x x x x x x x Indonesia x x x Saint Kitts and Nevis x x x x x x
Belize x x x x Iran x x x x x x Saint Lucia x x x x
Benin x x x x Iraq St. Vincent &
Bosnia & Ireland x x x x x Grenadines x x x
Herzegovina Israel x x x Samoa x x x x
Brazil x x Italy x x x x x Sao Tome & Principe x
Brunei Darussalam x x Jamaica x x x x Saudi Arabia x x x x
Bulgaria x x x x x Japan x x x x x Senegal x x x x
Cabo Verde x x x Jordan o x x x x Serbia x x x
Cambodia x x x Kazakhstan x Seychelles x x x
Cameroon x x x Kenya x x x x x Sierra Leone x x x x
Canada x x x x x Kiribati x x x Singapore x x x x x x
Chile x x x x Kuwait x x Slovakia x x x x
China x x x x x Latvia x x x x x Slovenia x x x x x x
China (Hong Kong Lebanon x x x x Solomon Islands x
spec.admin.region) x x x x x Lesotho Somalia
Colombia x x x x Liberia x x x x x x South Africa x x x x
Comoros x x x x x Libya x x South Korea x x x x x x
Congo x x x x x x x Lithuania x x x x x Spain x x x x x x
Cook Islands x x x x Luxembourg x x x Sri Lanka x x
Costa Rica x Madagascar x x x x x Sudan x
Cote d’Ivoire x x x x x x Malaysia x x x x x x Suriname
Croatia x x x x x x Maldives x x x Sweden x x x x x x x
Cuba x Mali Switzerland x x x x x
Cyprus x x x x Malta x x x x x x Syria x x x x x x
Czechia x Marshall Islands x x x x x Tanzania x x x
Dem. Rep. of the Mauritania x x x Thailand x x x
Congo Mauritius x x x x x Togo x x x
Denmark x x x x x x x Mexico x x x Tonga x x x x x
Djibouti x x x x x Micronesia Trinidad & Tobago x x x
Dominica x x x Moldova x Tunisia x x x x
Dominican Republic x x x Monaco x x x Turkey x x x x x x
Ecuador x x x x x Mongolia x x x Turkmenistan x x
Egypt x x x x x Montenegro x x x x Tuvalu x x x x
ITOPF HANDBOOK 2019
49
Terms and Conditions of
Membership
(effective 12th July, 2018)
1. Membership of ITOPF is subject to ITOPF’s d) Contingency planning, response
Memorandum and Articles of Association techniques, fate and effects, and
and to these Terms and Conditions, which compensation resulting from a spill (or
apply to all Owners who are Members threat thereof) of oil, or of HNS, whether as
of ITOPF as at 12th July 2018, and to all cargo or bunkers, and of any other cargo;
Owners who thereafter are accepted for
Membership. The Directors of ITOPF have e) training courses, drills, exercises and similar
the right from time to time to add to or events in respect of oil, or of HNS, whether
modify these Terms and Conditions. Any as cargo or bunkers, or of any other cargo;
such additions or modifications and their
effective date will be notified to Members. f) the provision of such of ITOPF’s publications
as are for circulation to Members and such
2. Membership of ITOPF is available only to other general information and advice as is
an owner or demise charterer (“Owner”) within the scope of ITOPF’s Services.
of a tanker, being any ship (whether or not
self-propelled) designed, constructed or 5. It is a condition of entitlement to Services
adapted for the carriage by water in bulk of that the Member’s ITOPF subscription has
crude petroleum, hydrocarbon products been paid in respect of the current year
and any other liquid substance (“Tanker”). commencing 20th February and for all prior
periods of Membership, either directly or by
3. A Member is required to notify ITOPF (or another body on the Member’s behalf, and
ensure that ITOPF is notified) in writing from in respect of all Tankers notified pursuant
time to time of the name and tonnage of to paragraph 3 of which the Member is the
Tankers of which it is or becomes Owner Owner.
and in respect of which it wishes to be
entitled to the services of ITOPF. A Member 6. Although under no obligation to solicit
who is no longer the Owner of any Tanker or obtain such information, ITOPF
whose name and tonnage have been so reserves the right from time to time
notified shall automatically cease to be a to request any Member or its insurer
Member of ITOPF. to provide information satisfactory to
ITOPF concerning the Member’s pollution
4. Subject to these Terms and Conditions, a liability insurance cover. It is a condition of
Member has the right to request ITOPF to entitlement to Services that any Member or
provide technical and other services, advice its insurer of which such a request is made
and information (“Services”) in relation to: will duly comply.
a) a spill (or the threat thereof) of oil, or of 7. ITOPF reserves the right to recover costs
HNS, whether as cargo or bunkers, or of any incurred in respect of the provision of
other cargo from a Tanker, including on-site any Services from a Member, on whose
attendance to give technical advice with behalf such costs are incurred. ITOPF will
the aim of effecting an efficient response not normally charge a fee for providing
operation and mitigating any damage; Services to a Member but may do so from
time to time when circumstances warrant
b) the technical assessment of damage at ITOPF’s discretion. It is a condition of
caused by a spill of oil, or of HNS, whether entitlement to Services that a Member will
ITOPF HANDBOOK 2019
as cargo or bunkers, or of any other cargo agree to, and arrange for, the payment of
from a Tanker; such costs and fees when so requested by
ITOPF.
c) the technical assessment of claims for
compensation resulting from a spill (or the 8. ITOPF reserves the right in its absolute
threat thereof) of oil, or of HNS, whether discretion:
as cargo or bunkers, or of any other cargo
from a Tanker;
50
a) (i) to terminate the Membership of any any other uncontrolled flow from a well or
Member; and/or reservoir or any equipment not contained
within the Tanker; and/or
(ii) to decline to respond or cease
responding either in whole or in part to c) not to respond either in whole or in part to
any request by or on behalf of a Member any request by or on behalf of a Member
for the provision of Services where the for the provision of Services whether
continuation of such Membership and/or because of a failure on the part of the
where such response or its continuation Member to meet a condition set by ITOPF,
may in any way howsoever expose ITOPF or because of a lack of available ITOPF staff
to the risk of being or becoming subject to capacity, or for any reason which in ITOPF’s
any sanction, prohibition or adverse action absolute discretion might adversely affect
in any form whatsoever by any state or ITOPF, the safety of its staff, or the provision
international organisation; of the Services requested. In the case of
competing demands for its Services, ITOPF
b) not to respond to a request by or on behalf will normally give priority to its Members.
of a Member for the provision of Services
where in its absolute discretion ITOPF has 9. To the extent permitted by law, ITOPF shall
determined that the spill (or the threat have no liability to any Member or other
thereof) of oil, or of HNS or any other cargo person for any direct, indirect, special
from a Tanker has arisen other than directly or consequential loss, expenses and/or
in connection with the operation of the costs arising out of or in connection with
Tanker including, but not limited to, as a the provision of, or failure to provide, any
result of a blow-out, cratering, seepage or Services.
Note: Membership of ITOPF and payment of the relevant subscription referred to in paragraph 5 of these Terms and
Conditions of Membership is normally arranged by a tanker owner’s P&I insurer. The subscription is currently calculated on
the basis of 0.42 of a UK penny per gross ton plus £20 Administration fee per tanker.
adapted for the carriage by water in bulk of the aim of effecting an efficient response
crude petroleum, hydrocarbon products operation and mitigating any damage;
and any other liquid substance.
b) the technical assessment of damage
3. An Associate may be required to notify caused by a spill of oil, or of HNS, whether
ITOPF (or ensure that ITOPF is notified) in as cargo or bunkers, or of any other cargo
writing from time to time of the name and from a Ship;
tonnage of Ships of which it is or becomes
51
c) the technical assessment of claims for of such costs and fees when so requested
compensation resulting from a spill (or the by ITOPF.
threat thereof) of oil, or of HNS, whether
as cargo or bunkers, or of any other cargo 8. ITOPF reserves the right in its absolute
from a Ship; discretion:
5. ITOPF will charge each Associate an annual b) not to respond to a request by or on behalf
subscription to assist in meeting its general of an Associate for the provision of Services
expenses. It is a condition of entitlement where in its absolute discretion ITOPF has
to Services that the Associate’s ITOPF determined that the spill (or the threat
subscription has been paid in respect of the thereof) of oil, or of HNS or any other cargo
current year commencing 20th February from a Ship has arisen other than directly in
and for all prior periods of Associate status, connection with the operation of the Ship
either directly or by another body on the including, but not limited to, as a result of a
Associate’s behalf and in respect of all blow-out, cratering, seepage or any other
Ships notified pursuant to paragraph 3 uncontrolled flow from a well or reservoir
of which the Associate is the Owner. If in or any equipment not contained within the
a winding-up of ITOPF there remains any Ship; and/or
surplus which is attributable to Associates’
subscriptions, that surplus shall be c) not to respond either in whole or in part to
distributed among Associates in proportion any request by or on behalf of an Associate
to the amounts subscribed by them. for the provision of Services whether
because of a failure on the part of the
6. Although under no obligation to solicit Associate to meet a condition set by ITOPF,
or obtain such information, ITOPF or because of a lack of available ITOPF staff
reserves the right from time to time to capacity, or for any reason which in ITOPF’s
request any Associate or its insurer to absolute discretion might adversely affect
provide information satisfactory to ITOPF ITOPF, the safety of its staff, or the provision
concerning the Associate’s pollution of the Services requested. In the case of
liability insurance cover. It is a condition of competing demands for its Services, ITOPF
entitlement to Services that any Associate will normally give priority to its Members.
or its insurer of which such a request is
made will duly comply. 9. To the extent permitted by law, ITOPF shall
have no liability to any Associate or other
7. ITOPF reserves the right to recover costs person for any direct, indirect, special
incurred in respect of the provision of any or consequential loss, expenses and/or
Services from an Associate on whose behalf costs arising out of or in connection with
such costs are incurred. ITOPF will not the provision of, or failure to provide, any
normally charge a fee for providing Services Services.
to an Associate but may do so from time
ITOPF HANDBOOK 2019
to time when circumstances warrant 10. Notices to Associates may be given in such
at ITOPF’s discretion. It is a condition of manner as ITOPF may determine and shall
entitlement to Services that an Associate be deemed given if given to an Associate’s
will agree to, and arrange for, the payment insurer or by way of press advertisement.
Note: ITOPF Associate status and payment of the relevant subscription referred to in paragraph 5 of these Terms and
Conditions of Associate Status is normally arranged by a shipowner’s P&I insurer. The subscription is currently calculated on
the basis of 0.38 of a UK penny per gross ton of entered ships.
52
© 2019 ITOPF Ltd.
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+44 (0) 20 7566 6999
(UK Business Hours)
ITOPF Limited
1 Oliver’s Yard, 55 City Road, London EC1Y 1HQ, UK
Registered Office – No. 944863