The Club recommends that members do not accept these clauses. However, there is no objection to members allowing the Charterer to take preventive measures at his own expense, or to the Owner confirming that that he will remain a member of ITOPF. An alternative clause including these provisions is attached herewith. The clause also makes clear that’ if there is a requirement under applicable law for provision of a Certificate of Entry in a P&I Club, this is to be provided by the Owner, not the Charterer. The clause is approved by the International Group clubs and supported by BIMCO and Intertanko.
Oil Pollution Clause
that the Vessel will throughout the period of this charter be owned by a member of the International Tanker Owners Pollution Federation Limited, and
(b) that they will provide a Certificate of Entry in a P&I Club for production on board the vessel if required under applicable law or by the relevant authorities.
When there is an actual or threatened escape or discharge of Oil from the vessel which causes
Pollution Damage or which creates a grave and imminent danger of such Damage, Charterers shall upon notice to the Owners or Master have the right (but not the obligation) if permitted under applicable law and by the relevant authorities, to
place a representative on board the Vessel to observe the measures being taken to prevent or
minimise Pollution Damage, and
(b) provide advice, equipment or manpower and undertake such other measures as are reasonably n e c e s s a r y t o p r e v e n t o r m i n i m i s e s u c h P o l l u t i o n D a m a g e , a t C h a r t e r e r s ’ r i s k a n d e x p e n s e a n d s u b j e c t t o the approval of the Owners (which shall not be unreasonably withheld).
Nothing in this clause shall prejudice Owners’ or Charterers’ rights to claim compensation under
any applicable law.
For the purposes of this Clause, the meaning of the terms “Oil” and “Pollution Damage” shall be
as defined in the International Convention on Civil Liability for Oil Pollution Damage (CLC) 1992, except where Pollution Damage takes place within the territory of a state which is party to CLC 1969, when the
meaning shall be as defined in CLC 1969.
THE STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LIMITED