Proposal for a Council Decision authorizing the Member States to sign and ratify in the interest of the European Community the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention)
Date: 2001-11-19
Institutions: European Commission
Subjects: EU competence, Intergovernmental Convention (EU), accession to an agreement, civil liability, jurisdiction, marine pollution, oil pollution

26.2.2002

EN

Official Journal of the European Communities

C 51 E/371

Proposal for a Council Decision authorizing the Member States to sign and ratify in the interest of
the European Community the International Convention on Civil Liability for Bunker Oil Pollution
Damage, 2001 (the Bunkers Convention)

(2002/C 51 E/28)

(Text with EEA relevance)

COM(2001) 675 final (cid:151) 2001/0271(CNS)

(Submitted by the Commission on 19 November 2001)

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community, and in particular Articles 61 point c), 67
paragraph 1 and Article 300 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The International Convention on Civil Liability for Bunker
Oil Pollution Damage, 2001 (the (cid:145)Bunkers Convention(cid:146)) was
adopted on 23 March 2001 with the aim of ensuring
adequate, prompt, and effective compensation of persons
who suffer damage caused by spills of oil, when carried as
fuel in ships’ bunkers. The Convention fills a significant gap
in the international regulation of marine pollution liability.

(2) The Community and the Member States share competence
for subject areas covered by the Bunkers Convention, the
Community having exclusive competence in relation to
Articles 9 and 10 thereof.

(3) Articles 9 and 10 of

the Bunkers Convention affect
jurisdiction,
Community secondary legislation on the
recognition and enforcement of judgments, as laid down
in Council Regulation (EC) No 44/2001 on jurisdiction and
the recognition and enforcement of judgments in civil and
commercial matters.

(4) The text of the Bunkers Convention has been adopted and
there are no short-term prospects of
re-opening the
negotiations for the purpose of taking into account the
Community competence and the inconsistencies between
Article 9 and 10 of the Convention and Council Regulation
(EC) No 44/2001.

(5) The Council may exceptionally authorize the Member
States with the exception of Denmark to sign and ratify
the Bunkers Convention in the interest of the Community,
subject to making an appropriate reservation.

Article 1

The Member States are hereby authorized to sign and ratify the
International Convention on Civil Liability for Bunker Oil
Pollution Damage, 2001, subject to the conditions set out in
Articles 2 and 3.

Article 2

When signing, ratifying or otherwise expressing their consent
to be bound by the Bunkers Convention, Member States shall
enter the following reservation:

(cid:145)The Member States of the European Community subject to
Community rules in this area shall apply Community rules
the
on jurisdiction in their mutual
pollution damage is caused in a geographical area referred to
in Article 2 of
the
European Community and the defendant
is domiciled in a
Member State of the European Community.

the Convention of a Member State of

insofar as

relations

Judgments referred to in Article 10.1 of the Convention shall,
when given by a Court of a Member State of the European
to Community rules in this area, be
Community subject
the
recognised and enforced in another Member State of
European Community according to such Community rules.(cid:146)

Article 3

When ratifying the Bunkers Convention, or when acceding
thereto, Member States shall inform the Secretary-General of
the International Maritime Organization in writing that such
ratification or accession has taken place in accordance with this
Decision.

Article 4

Member States shall, at the earliest opportunity, take measures
to ensure that the Bunkers Convention is amended in order to
allow the Community to become a contracting party to it.

Article 5

(6) Denmark has a duty to consult with the other Member

States in the Council on this matter,

This Decision is addressed to the Member States, with the
exception of Denmark.