International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001:Article 1 Definitions

International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001

Article 1 Definitions

Geldend

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For the purposes of this Convention:

1.

‘Ship’ means any seagoing vessel and seaborne craft, of any type whatsoever.

2.

‘Person’ means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions.

3.

‘Shipowner’ means the owner, including the registered owner, bareboat charterer, manager and operator of the ship.

4.

‘Registered owner’ means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the ship's operator, ‘registered owner’ shall mean such company.

5.

‘Bunker oil’ means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil.

6.

‘Civil Liability Convention’ means the International Convention on Civil Liability for Oil Pollution Damage, 1992, as amended.

7.

‘Preventive measures’ means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage.

8.

‘Incident’ means any occurrence or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage.

9.

‘Pollution damage’ means:

a)

loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and

b)

the costs of preventive measures and further loss or damage caused by preventive measures.

10.

‘State of the ship's registry’ means, in relation to a registered ship, the State of registration of the ship and, in relation to an unregistered ship, the State whose flag the ship is entitled to fly.

11.

‘Gross tonnage’ means gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 of the International Convention on Tonnage Measurement of Ships, 1969.

12.

‘Organization’ means the International Maritime Organization.

13.

‘Secretary-General’ means the Secretary-General of the Organization.

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