Nairobi International Convention on removal of Wrecks, 2007
The Cook Islands has acceded to the Nairobi International Convention on the Removal of Wrecks, 2007 which will enter into force on the 14th April 2015.
Registered owners of ships above 300GT will need insurance cover arrangements, which meet the requirements of the Convention. The Convention provides a strict liability, compensation and compulsory insurance regime for States affected by a maritime casualty. It makes the registered owner of a ship liable for locating, marking and removing a wreck deemed to be a hazard in a State’s Convention area.
The Convention provides that for compulsory insurance purposes liability under Certificates shall not exceed the limits calculated in accordance with the Convention on Limitation of Liability for Maritime Claims 1976 (LLMC 1976), as amended by the 1996 Protocol. A Blue Card issued by a recognized P&I Insurer, which can be verified, will be evidence of insurance cover being in place and will be used as the basis for the issuance of the Nairobi Convention Certificate
Vessels will need a certificate from a State party attesting insurance is in force. Certificates must be carried on board at all times.
Vessels registered in a State, which is not party to the Convention, but which perform voyages to countries that are Parties should obtain a certificate from a State Party. Cook Islands is a State Party and is prepared to issue certificates to owners of vessels registered in States who are not party to the Nairobi Convention.
International Convention on Civil Liability for Bunker Oil Pollution Damage, 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.