Tuesday, May 5, 2009

Convention မ်ားအေၾကာင္း


မၾကာေသးမီ ၂၀၀၈ နွစ္ကုန္ပိုင္းမွာ entry into force ျဖစ္လာတ့ဲ Convention နွစ္ခုကေတာ့ Bunker Convention 2001 နဲ႔ Anti-fouling System Convention 2001 တို႔ျဖစ္ပါတယ္။ ၄င္းတို႔ရဲ႕ အက်ဥ္းခ်ဳပ္အေၾကာင္းအရာကေတာ့ ေအာက္ပါအတိုင္း ျဖစ္ပါတယ္။


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


Adoption: 23 March 2001.

Entry into force: 21 November 2008

The Convention was adopted to ensure that adequate, prompt, and effective compensation is available to persons who suffer damage caused by spills of oil, when carried as fuel in ships' bunkers.

The Convention applies to damage caused on the territory, including the territorial sea, and in exclusive economic zones of States Parties.

The bunkers convention provides a free-standing instrument covering pollution damage only.

"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.

The convention is modeled on the International Convention on Civil Liability for Oil Pollution Damage, 1969. As with that convention, a key requirement in the bunkers convention is the need for the registered owner of a vessel to maintain compulsory insurance cover.

Another key provision is the requirement for direct action - this would allow a claim for compensation for pollution damage to be brought directly against an insurer. The Convention requires ships over 1,000 gross tonnage to maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover the liability of the registered owner for pollution damage in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases, not exceeding an amount calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.

International Convention on the Control of Harmful Anti-fouling Systems on Ships

Adoption: 5 October 2001

Entry into force: 17 September 2008

The International Convention on the Control of Harmful Anti-fouling Systems on Ships will prohibit the use of harmful organotins in anti-fouling paints used on ships and will establish a mechanism to prevent the potential future use of other harmful substances in anti-fouling systems.

Under the terms of the new Convention, Parties to the Convention are required to prohibit and/or restrict the use of harmful anti-fouling systems on ships flying their flag, as well as ships not entitled to fly their flag but which operate under their authority and all ships that enter a port, shipyard or offshore terminal of a Party.

Ships of above 400 gross tonnage and above engaged in international voyages (excluding fixed or floating platforms, FSUs and FPSOs) will be required to undergo an initial survey before the ship is put into service or before the International Anti-fouling System Certificate is issued for the first time; and a survey when the anti-fouling systems are changed or replaced.

Ships of 24 metres or more in length but less than 400 gross tonnage engaged in international voyages (excluding fixed or floating platforms, FSUs and FPSOs) will have to carry a Declaration on Anti-fouling Systems signed by the owner or authorized agent. The Declaration will have to be accompanied by appropriate documentation such as a paint receipt or contractor invoice.

Anti-fouling systems to be prohibited or controlled will be listed in an annex (Annex 1) to the Convention, which will be updated as and when necessary.

BWM Convention 2004

Ballast Water Management Convention ရဲ႕ Entry into Force ကေတာ့ ေအာက္ပါအတိုင္း ျဖစ္ပါတယ္။ World Merchant Shipping ရဲ႕ အနည္းဆုံး 35% Tonnage ကို ကိုယ္စားျပဳတဲ့ 30 States က ratify လုပ္ျပီး ၁၂လ အၾကာမွာ Entry into Force ျဖစ္မယ္လို႔ ဆိုပါတယ္။ အခုေလာေလာဆယ္ 16 States / 14.24% of World Merchant Shipping Tonnage က ratify လုပ္ထားျပီးျပီလို႔ 6~10/Oct/2008 မွာျပဳလုပ္တဲ႔ MEPC 58th Session ကဆိုပါတယ္။


International Convention for the Control and Management of Ships' Ballast Water and Sediments

Adoption: 13 February 2004

Entry into force
The Convention will enter into force 12 months after ratification by 30 States, representing 35 per cent of world merchant shipping tonnage.

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