12 October 2016 | C16031
Following Dromon Circular C15006 and as Romania has accessed the Convention, this circular wishes to draw the attention for the Owners of vessels calling Romanian and Jordanian ports.
Ship Owners / Managers / Operators | Surveyors | Deputy Registrars
IMO has announced that accession by the Hashemite Kingdom of Jordan and by Romania was effected by deposit of instruments on September 16, 2016 and September 20, 2016, respectively.
The Nairobi International Convention on the Removal of Wrecks, 2007 will enter into force for Jordan on December 16, 2016 and for Romania on December 20, 2016, in accordance with article 18(2) of the Convention.
Contracting States of the Convention have reached the number of 31, as per below table.
|2||Antigua & Barbuda||18||Marshall Islands|
|10||Germany||26||Saint Kitts and Nevis|
|12||Iran (Islamic Republic of)||28||Switzerland|
Owners/Managers of vessels calling Romanian and Jordanian ports that do not possess this certificate shall need to apply to the Flag State for the issuance of a Wreck Removal Certificate prior December 20, 2016 and December 16, 2016, respectively. This certificate shall be kept on board the vessel.
Background information about the Convention
The Nairobi International Convention on the Removal of Wrecks, 2007, was adopted by an international conference held in Kenya in 2007. The Convention provides the legal basis for States to remove, or have removed, shipwrecks that may have the potential to affect adversely the safety of lives, goods and property at sea, as well as the marine environment.
The Convention is about filling the gap in the existing international legal framework by providing the first set of uniform international rules aimed at ensuring the prompt and effective removal of wrecks located beyond a country’s territorial sea. The Convention also contains a clause that enables States Parties to ‘opt in’ to apply certain provisions to their territory, including their territorial sea.
The Convention provides a sound legal basis for States to remove, or have removed, shipwrecks that may have the potential to affect adversely the safety of lives, goods and property at sea, as well as the marine and coastal environment. It will make shipowners financially liable and require them to take out insurance or provide other financial security to cover the costs of wreck removal. It will also provide States with a right of direct action against insurers.
Ships of 300 GT or more which fly the flag of a State Party or use a port or offshore facility in the territory of a State Party will be required to have insurance or other financial security in place to meet the liabilities arising under the Convention.