Pollution Charterparty Clauses

IG Circular

Published: 1 September 1996

Circular issued by International Group clubs

See Circular 29 August 2008 for revised clause

TO THE MEMBERS

Dear Sirs,

Pollution Charterparty Clauses

In March 1990 the Group circulated a recommended clause for inclusion in charterparties of tankers. In order to reflect the 1992 Protocol to CLC, and the OPA requirements concerning certification which now apply in the United States, the original clause has been amended, and a new clause for non-tankers is recommended. The two clauses are attached.

These clauses have been agreed by all the clubs in the International Group of P&I Clubs, i.e.:

American Steamship Owners Mutual Protection and Indemnity Association, Inc.
Assuranceforeningen Gard (Gjensidig)
Assuranceforeningen Skuld (Gjensidig)
The Britannia Steam Ship Insurance Association Limited
The Japan Ship Owners' Mutual Protection and Indemnity Association
Liverpool and London Steamship Protection and Indemnity Association Limited
The London Steam-Ship Owners' Mutual Protection and Indemnity Association Limited
The Newcastle Protection and Indemnity Association
The North of England Protecting and Indemnity Association Limited
The Shipowners' Mutual Protection and Indemnity Association (Luxembourg)
The Standard Steamship Owners' Protection and Indemnity Association (Bermuda) Limited
The Steamship Mutual Underwriting Association (Bermuda) Limited
Sveriges Angfartygs Assurans Forening (The Swedish Club)
The United Kingdom Mutual Steam Ship Assurance Association (Bermuda) Limited
The West of England Ship Owners Insurance Association (Luxembourg)

*************************


FINANCIAL RESPONSIBILITY IN RESPECT OF POLLUTION
(APPLICABLE TO ALL SELF PROPELLED TANK VESSELS AND TO NON-SELF PROPELLED TANK VESSELS CARRYING MORE THAN 2,000 TONS OF PERSISTENT OIL IN BULK AS CARGO)


(1)

Owners warrant that throughout the currency of this charter 
they will provide the vessel with the following certificates:

 

(a)

Certificates issued pursuant to the Civil Liability 
Convention 1969 ("CLC"), and pursuant to the 1992 
protocols to the CLC, as and when in force.

 

(b)

Certificates issued pursuant to Section 1016 (a) of the 
Oil Pollution Act 1990, and Section 108 (a) of the 
Comprehensive Environmental Response, Compensation 
and Liability Act 1980, as amended in accordance with 
Part 138 of Coast Guard Regulations 33 CFR, so long as 
these can be obtained by the owners from or by (identify 
the applicable scheme or schemes)
.

(2)

Notwithstanding anything whether printed or typed herein to 
the contrary,

 

(a)

save as required for compliance with paragraph (1) 
hereof, owners shall not be required to establish or 
maintain financial security or responsibility in respect of 
oil or other pollution damage to enable the vessel 
lawfully to enter, remain in or leave any port, place, 
territorial or contiguous waters of any country, state or 
territory in performance of this charter.

 

(b)

Charterers shall indemnify owners and hold them 
harmless in respect of any loss, damage, liability or 
expense (including but not limited to the costs of any 
delay incurred by the vessel as a result of any failure by 
the charterers promptly to give alternative voyage 
orders) whatsoever and howsoever arising which owners 
may sustain by reason of any requirement to establish or 
maintain financial security or responsibility in order to 
enter, remain in or leave any port, place or waters, other 
than to the extent provided in paragraph (1) hereof.

 

(c)

Owners shall not be liable for any loss, damage, liability 
or expense whatsoever and howsoever arising which 
charterers and/or the holders of any bill of lading issued 
pursuant to this charter may sustain by reason of any 
requirement to establish or maintain financial security or 
responsibility in order to enter, remain in or leave any 
port, place or waters, other than to the extent provided 
in paragraph (1) hereof.

(3)

Charterers warrant that the terms of this clause will be 
incorporated effectively into any bill of lading issued pursuant 
to this charter.

****************

FINANCIAL RESPONSIBILITY IN RESPECT OF POLLUTION
(ALL SHIPS OTHER THAN SELF-PROPELLED TANK VESSELS AND NON-SELF PROPELLED TANK VESSELS CARRYING MORE THAT 2,000 TONS OF PERSISTENT OIL IN BULK AS CARGO)

(1)

Owners warrant that throughout the currency of this charter 
they will provide the vessel with the following certificates:

 

(a)

Certificates issued pursuant to Section 311 (p) of the 
U.S. Federal Water Pollution Control Act, as amended 
(Title 33 U.S. Code, Section 1321 (p)) up to (insert the 
date upon which such certificate(s) is/are due to expire)
.

 

(b)

Certificates issued pursuant to Section 1016 (a) of the 
Oil Pollution Act 1990, and Section 108 (a) of the 
Comprehensive Environmental Response, Compensation 
and Liability Act 1980, as amended, in accordance with 
Part 138 of Coast Guard Regulations 33 CFR, from 
(indicate the earliest date upon which the owners may 
be required to deliver the vessel into the charter or, if 
later, the date inserted in sub-paragraph (a) above)

as long as these can be obtained by the owners from or 
by (identify the applicable scheme or schemes).

(2)

Notwithstanding anything whether printed or typed herein to 
the contrary,

 

(a)

save as required for compliance with paragraph (1) 
hereof, owners shall not be required to establish or 
maintain financial security or responsibility in respect of 
oil or other pollution damage to enable the vessel 
lawfully to enter, remain in or leave any port, place, 
territorial or contiguous waters of any country, state or 
territory in performance of this charter.

 

(b)

Charterers shall indemnify owners and hold them 
harmless in respect of any loss, damage, liability or 
expense (including but not limited to the costs of any 
delay incurred by the vessel as a result of any failure by 
the charterers promptly to give alternative voyage 
orders) whatsoever and howsoever arising which owners 
may sustain by reason of any requirement to establish or 
maintain financial security or responsibility in order to 
enter, remain in or leave any port, place or waters, other 
than to the extent provided in paragraph (1) hereof.

 

(c)

Owners shall not be liable for any loss, damage, liability 
or expense whatsoever and howsoever arising which 
charterers and/or the holders of any bill of lading issued 
pursuant to this charter may sustain by reason of any 
requirement to establish or maintain financial security or 
responsibility in order to enter, remain in or leave any 
port, place or waters, other than to the extent provided 
in paragraph (1) hereof.

(3)

Charterers warrant that the terms of this clause will be 
incorporated effectively into any bill of lading issued pursuant 
to this charter.