Oil Pollution Prevention Clause

Clause library

Published: 4 September 2009

Oil Pollution Prevention Clause

  1. Owners undertake
     
    (a) that the Vessel will throughout the period of this charter be owned by a member of the International Tanker Owners Pollution Federation Limited, and
     
    (b) that they will provide a Certificate of Entry in a P&I Club for production on board the vessel if required under applicable law or by the relevant authorities.
  2. When there is an actual or threatened escape or discharge of Oil from the vessel which causes Pollution Damage or which creates a grave and imminent danger of such Damage, Charterers shall upon notice to the Owners or Master have the right (but not the obligation) if permitted under applicable law and by the relevant authorities, to
     
    (a) place a representative on board the Vessel to observe the measures being taken to prevent or minimise Pollution Damage, and
     
    (b) provide advice, equipment or manpower and undertake such other measures as are reasonably necessary to prevent or minimise such Pollution Damage, at Charterers’ risk and expense and subject to the approval of the Owners (which shall not be unreasonably withheld).
  3. Nothing in this clause shall prejudice Owners’ or Charterers’ rights to claim compensation under any applicable law.
  4. For the purposes of this Clause, the meaning of the terms “Oil” and “Pollution Damage” shall be as defined in the International Convention on Civil Liability for Oil Pollution Damage (CLC) 1992, except where Pollution Damage takes place within the territory of a state which is party to CLC 1969, when the meaning shall be as defined in CLC 1969.

Source: International Group
Published: January 2007

 

Oil Pollution Clause - Commentary

Suitable for

Tanker Charterparties.

Purpose

The Clause was issued by the International Group in order to provide tanker owners with an alternative to charterers’ clauses which were unfavourable to owners, particularly by potentially giving rise to liability for clean up and response costs in excess of owners’ liability under CLC.

For further information see Circular dated 4 January 2007.