Decision ID: 004095

At its April 2016 session, the 1992 Fund Administrative Council and Supplementary Fund Assembly approved the text for a publication entitled ‘Guidance for Member States: Consideration of the definition of ‘ship’ as set out in Annex II to document IOPC/APR16/9/1.  The guidance document reflects the conclusions of the 1992 Fund 7th intersessional Working Group and includes an illustrative list of vessels falling clearly within or outside the definition of ‘ship’ under Article I(1) of the 1992 CLC that forms the first part of the hybrid approach discussed within the Working Group.  It also includes the concept adopted by the 1992 Fund Administrative Council of the maritime transport chain as an interpretive tool, to address those situations or ‘grey areas’ on a case-by-case basis, where it was not clear whether a vessel fell within the definition of ‘ship’, which forms the second part of the hybrid approach. The Administrative Council instructed the Director to publish the document electronically and in a similar format to other IOPC Funds’ publications.

Date: 26.04.2016
Categories: Admissibility Criteria and Claims Manuals, Application of the Conventions
Subjects: Consideration of claims admissibility criteria, Interpretation of 'ship' in Article I.1 of the 1969 and 1992 Civil Liability Conventions