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The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006

The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (Memo)

EXPLANATORY MEMORANDUM TO THE MERCHANT SHIPPING (OIL POLLUTION) (BUNKERS CONVENTION) REGULATIONS 2006 No. 1244

EXPLANATORY MEMORANDUM TO

THE MERCHANT SHIPPING (OIL POLLUTION) (BUNKERS CONVENTION) REGULATIONS 2006

2006 No. 1244

1. This explanatory memorandum has been prepared by the Department for Transport and is laid before Parliament by Command of Her Majesty.

2. Description

2.1 This instrument amends the Merchant Shipping Act 1995 to give the force of law in the United Kingdom to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention).

2.2 Once the Bunkers Convention enters into force it will ensure that better arrangements are in place for cost recovery for pollution damage caused by ships' fuel oil (bunker oil).

3. Matters of Special Interest to the Joint Committee on Statutory Instruments

3.1 None

4. Legislative Background

4.1 A Council Decision (2002/762/EC) was issued in 2002 to ensure that, as far as Member States are concerned, the rules in Council Regulation 44/2001 on jurisdiction and recognition and enforcement of judgments override the corresponding provisions in the Bunkers Convention. The Council Decision therefore authorises ratification of the Bunkers Convention by Member States, subject to the making of the following Reservation:

"Judgements on matters covered by the Convention shall, when given by a court of [all the Member States to which this Decision is applicable except the Member State making the declaration] be recognised and enforced in [the Member State making the declaration] according to Community rules on the subject."

4.2 The Council Decision was the subject of scrutiny (EM No. 14825/01 COM(2001) 675 final) and cleared the Lords on 29 Jan 2002 and the Commons on 22 May 2002.

4.3 This instrument is made under section 2(2) of the European Communities Act 1972 (1972 Act) as the Council Decision creates a community obligation on the United Kingdom to ratify and implement the Bunkers Convention.

4.4 This instrument implements the Bunkers Convention through amendments to Chapter III of Part VI of the Merchant Shipping Act 1995 (MSA 1995).

4.5 Chapter III implements the International Convention on Civil Liability for Oil Pollution Damage 1992 (the Liability Convention). The Liability Convention establishes strict liability on shipowners for oil pollution from tankers and allows shipowners to limit their liability to an amount establish...

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