The Bunkers Convention, 2001

The Bunkers Convention establishes strict liability on the shipowner for preventive measures and pollution damage arising from all types of oil used in the operation or propulsion of ships.

The Convention applies to any ship having a Gross Tonnage greater than 1,000. It requires all registered owners of vessels entering or leaving a port or terminal in the territory of a Party to maintain insurance, certified by State Party to the Convention.

The Convention introduces a provision that entitles claimants to claim directly from the owner’s insurer or enter into litigation proceedings against both the owner and/or insurer.

The Convention applies exclusively to pollution damage caused in the territory, including the territorial sea, and the exclusive economic zone (EEZ) of a State Party, and preventive measures, wherever taken, to prevent or minimize such damage.

Ships registered in a State which is not party to the Convention, must obtain State-issued certificate from a State Party to the Convention.

Cook Islands is a State Party and can issue Certificates to ships which are not registered under the Cook Islands Flag.

Countries party to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2011.

Cook Islands can not issue Bunker certificates for vessels registered in the below countries:

Antigua & Barbados; Azerbaijan; Albania; Australia; Bahamas; Belarus; Belarus; Belize; Bulgaria; Barbados; Canada; Cayman Islands; Belgium; China; Cook Islands; Croatia; Cayman Islands; Cyprus; Denmark; Dem. People Rep Korea; Egypt; Estonia; Ethiopia; France; Finland; Germany; Greece; Hong Kong, China; Hungary; Jordon; Ireland; Italy; Jamaica; Kiribati; Republic of Korea; Latvia; Liberia; Lithuania; Luxembourg; Malaysia; Macao, China; Malta; Marshall Islands; Mongolia; Montenegro; Morocco; Norway; Netherlands; Nigeria; Palau; Panama; Romania; Russian Federation; Poland; Saint Vincent and the Grenadines; St. Kitts and Nevis; Samoa; Sierra Leone; Singapore; Serbia; Slovenia; Spain; Syrian Arab Republic; Tonga; Tunisia; Tuvalu; United Kingdom; Vanuatu; Vietnam.

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