RECALLING Article 15(j) of the Convention on the International
Maritime Organization regarding the functions of the Assembly in relation
to regulations and guidelines concerning maritime safety and the prevention
and control of marine pollution from ships and other matters concerning
the effect of shipping on the marine environment,
RECALLING ALSO the adoption, by the 2001 International Conference
on Liability and Compensation for Bunker Oil Pollution Damage, of
the International Convention on Civil Liability for Bunker Oil Pollution
Damage (hereinafter referred to as “the Convention”),
RECALLING FURTHER article 7 of the Convention, stipulating
that the registered owner of a ship having a gross tonnage greater
than 1,000 shall maintain insurance or other forms of financial security
and obtain a State certificate (Bunkers certificate) issued by a State
Party to the Convention attesting that such insurance or financial
security is in place,
ACKNOWLEDGING that there have been differing interpretations
on the matter of the issue of Bunkers certificates by States to ships
registered in a bareboat registry,
DESIRING to remove ambiguity and assist present and future
States Parties to the Convention to apply it in a uniform manner,
BEING CONSCIOUS of the need to provide certainty in the
application of the Convention, thereby assisting shipowners, ship
operators, ship managers and ship companies in avoiding unnecessary
delays to, or detentions of, ships and the related administrative
burdens,
HAVING CONSIDERED the recommendations made by the Legal
Committee at its ninety-fifth and ninety-sixth sessions,
1. Recommends that
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.1 States Parties to the Convention should recognize
that Bunkers certificates should be issued by the flag State if the
flag State is party thereto;
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.2 States Parties should not request more than
one Bunkers certificate from any ship, including ships bareboat-registered
in a State Party, and should accept Bunkers certificates issued by
such a State Party in accordance with article 7, paragraph 9, of the
Convention;
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.3 States Parties should avoid taking action that
could cause unnecessary bureaucracy; and
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.4 States Parties which allow ships to be registered
as bareboat-chartered should cooperate with each other to find, in
a spirit of understanding and cooperation, viable solutions to problems
caused by differing interpretations regarding the issue of Bunkers
certificates to ships registered in bareboat registries;
2. INVITES Governments to bring this resolution
to the attention of masters of ships entitled to fly the flag of their
States, shipowners, ship operators, ship managers, shipping companies
and all other parties concerned, for information and action, as appropriate.