Decision ID: 003616

In October 2009 the 1992 Fund Administrative Council and the Supplementary Fund Assembly noted that, as instructed by the 1992 Fund Executive Committee, the Director had further examined the 1992 Fund’s policy on the definition of ‘ship’, in particular in relation to floating storage units (FSUs) such as the Slops, with a view to determining whether there was a serious risk of unequal treatment as a result of courts in some, but not all, Member States applying that definition in accordance with the 1992 Fund’s policy. The Administrative Council and the Assembly decided that the 1992 Fund and the Supplementary Fund should further explore the possibility of a change in the interpretation of the definition of ‘ship’, in particular in connection with the question as to whether pollution damage caused by FSUs such as the Slops should be covered under the 1992 Fund Convention. The Director was instructed to undertake this work, engaging outside consultants, and to submit the result to the governing bodies at their next regular sessions.

Date: 30.09.2009
Category: Application of the Conventions
Subjects: Interpretation of 'ship' in Article I.1 of the 1969 and 1992 Civil Liability Conventions, Uniform application of the Conventions