Decision ID: 001232

In June 2001 the 1992 Fund Executive Committee and the 1971 Fund Administrative Council considered the question as to whether the Zeinab fell within the definitions of ‘ship’ laid down in the 1969 Civil Liability Convention and the 1992 Civil Liability Convention. It was noted that the Zeinab appeared to have been built as general cargo vessel, but that at some stage had been converted to carry oil by installing 12 tanks in the cargo holds, although when the conversion had been undertaken the hatch coamings had been left in place and the tanks covered in tarpaulin so that the Zeinab maintained the outward appearance of a dry cargo vessel. The Executive Committee and Administrative Council noted that since the Zeinab was actually carrying oil at the time of the incident, it should therefore be considered as a ship for the purpose of the 1969 Civil Liability Convention and the 1971 Fund Convention. The Executive Committee and Administrative Council also noted that the Zeinab was clearly capable of carrying oil in bulk as cargo and that it would be difficult to argue that it was not a ship for the purpose of the 1992 Civil Liability Convention and the 1992 Fund Convention. The 1992 Fund Executive Committee and the 1971 Fund Administrative Council therefore took the view that the Zeinab fell within the definitions of ‘ship’ laid down in the 1969 and 1992 Civil Liability Conventions.

Date: 31.05.2001
Category: Application of the Conventions
Subject: Interpretation of 'ship' in Article I.1 of the 1969 and 1992 Civil Liability Conventions