NAIROBI WRECK REMOVAL CONVENTION
WRECK
REMOVAL CONVENTION
THE INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECKS
WAS ADOPTED AT NAIROBI, KENYA ON 18TH MAY 2007 AND KNOWN AS THE
NAIROBI INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECK
INDIA HAS ACCEDED TO THE CONVENTION
ON 23rd MARCH 2011AND THE CONVENTION WILL ENTER IN TO FORCE ON 14th
APRIL 2015
THE CONVENTION IS APPLICABLE TO ALL
SHIPS ABOVE 300. GT. INCLUDING FIXED FLOATING PLATFORMS EXCEPT WHEN SUCH
PLATFORMS ARE ON LOCATION ENGAGED IN THE EXPLORATION. THE CONVENTION DOES NOT
APPLY TO WAR SHIPS AND STATE OWNED OR OPERATED SHIPS
THE CONVENTION APPLIES ONLY THE
EXCLUSIVE ECONOMIC ZONE (EEZ, 12 nm TO 200nm FROM BASE LINE) OF A STATE, HOWEVER STATE
CAN SELECT THE APPLICATION OF PROVISION OF THE CONVENTION WITHIN THEIR TERRITORY
INCLUDING THEIR TERRITORIAL SEA. (12nm. FROM BASE LINE)
THE CONVENTION GIVES POWER TO STATE
TO TAKE MEASURE TO REMOVE WRECKS LOCATED WITHIN THEIR EEZ THAT POSES A HAZARD TO
NAVIGATION OR MAY RESULT IN HARMFUL CONSEQUENCE TO THE MARINE ENVIORONMENT OR
DAMAGE TO THE COAST LINE ON OTHER COASTAL INTERESTS SUCH AS FISHERIES AND TOURISAM
THE CONVENTION DOES NOT APPLY
MEASURES TAKEN UNDER THE INTERNATIONAL CONVENTION RELATING TO INTERVENTION ON
HIGH SEAS IN CASE OF OIL POLLUTION CASUALITIES 1969
THE CONVENTION IMPLIES THE
COMPULSORY INSURANCE PROVISIONS FOR THE SHIP OWNER OF MORE THAN 300 GT. IS TO
MAINTAIN INSURANCE OR OTHER FINANCIAL SECURITY IN A MAXIMUM AMOUNT EQUAL TO THE
LIMITS PRESCRIBED BY THE CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME
CLAIMS, THE FLAG STATE WILL ISSUE CERTIFICATE OF INSURANCE OR OTHER FINANCIAL
SECURITY IN RESPECT OF LIABILITY FOR THE REMOVAL OF WRECKS (CIOFS). THE
CERTIFICATE ENSURES THAT SUFFICIENT INSURANCE IS IN PLACE IN COMPLIANCE WITH
CONVENTION.
WRECK
WRECK MEANS
A SUNKEN OR
STRANDED SHIP OR
ANY PART OF
A SUNKEN OR STRANDED SHIP INCLUDING ANY OBJECT THAT IS OR HAS BEEN ONBOARD SUCH
SHIP OR
ANY OBJECT
THAT IS LOST AT SEA FROM A SHIP AND THAT IS STRANDED,SUNKEN OR ADRIFT AT SEA OR
A SHIP THAT
IS ABOUT OR MAY REASONABLY BE EXPECTED TO SINK OR TO STRAND, WHERE EFFECTIVE
MEASURES TO ASSIST THE SHIP OR ANY PROPERTY IN DANGER ARE NOT ALREADY BEING TAKEN
REPORTING
WRECKS
THE MASTER AND OPERATOR OF A SHIP
FLYING ITS FLAGS TO REPORT TO THE AFFECTED STATE WITHOUT DELAY WHEN THAT SHIP
HAS BEEN INVOLVED IN A MARITIME CASUALITY RESULTING A WRECK
SUCH REPORT SHALL PROVIDE THE NAME
AND THE PRINCIPAL PLACE OF BUSINESS OF THE REGISTERED OWNER AND ALL THE
RELEVANT INFORMATION NECESSARY FOR THE AFFECTED STATE TO DETERMINE WHETHER THE
WRECK POSES A HAZARD
1.PRECISE
LOCATION OF THE WRECK
2.THE
TYPE,SIZE AND CONSTRUCTION OF THE WRECK
3.THE NATURE
OF THE DAMAGE TO, AND CONDITION OF THE WRECK
4.THE NATURE
AND THE QUANTITY OF THE CARGO, IN PARTICULAR ANY HAZARDOUS AND NOXIOUS SUBSTANCES
AND
5.THE AMOUNT
AND TYPES OF OIL, INCLUDING BUNKER OIL AND LUBRICATING OIL ONBOARD
DETERMINATION
OF HAZARD
THE TYPE SIZE
AND CONSTRUCTION OF WRECK,DEPTH OF THE WATER IN THE AREA,TIDAL RANGE AND
CURRENTS IN THE AREA PARTICULARLY SENSITIVE SEA AREA IDENTIFIED, PROXIMITY OF
SHIPPING ROUTES OR TRAFFIC,TRAFFIC DENSITY AND FREQUENCY AND TYPE OF TRAFFIC ETC
ARE HAZARD DETERMINING SPECIFICATIONS
LOCATING
WRECKS
AFTER AWARE OF A WRECK, THE AFFECTED
STATE SHOULD WARN MARINERS USING ALL PRACTICABLE MEANS STATE SHALL ENSURE THAT
ALL PRACTICABLE STEPS ARE TAKEN TO ESTABLISH THE PRECISE LOCATION OF THE WRECK
MARKING
OF WRECK
AFFECTED STATE SHALL ENSURE THAT ALL
REASONABLE STEPS ARE TAKEN TO MARK THE WRECK AND CONFIRM INTERNATIONALLY ACCEPTED
SYSTEM OF BUOYAGE IN USE AND INCLUDE IN NAUTICAL PUBLICATIONS
MEASURES
TO FACILITATE TO WRECKS
IF AFFECTED STATE DETERMINES THE
WRECK A HAZARD, THE STATE SHALL IMMEADIATLY INFORM STATE OF SHIPS REGISTRY AND
REGISTERED OWNER. PROCEED TO CONSULT THE STATE OF THE SHIPS REGISTRY AND OTHER
STATES AFFECTED BY THE WRECK REGARDING MEASURE TO BE TAKE IN RELATION TO THE
WRECK
THE REGISTERED OWNER SHALL REMOVE
THE WRECK DETERMINED A HAZARD. THE REGISTERED OWNER OR OTHER INTERESTED PARTY
SHALL PROVIDE COMPETENT AUTHORITY OF THE AFFECTED STATE WITH EVIDENCE OF
INSURANCE OR OTHER FINANCIAL SECURITY
THE REGISTERED OWNER MAY CONTRACT
WITH ANY SALVOR OR OTHER PERSON REMOVE WRECK ON BEHALF OF OWNER WITH THE
CONDITIONS AFFECTED STATE TO ENSURE THAT SAFETY AND PROTECTION OF THE MARINE
ENVIORONMENT
IF THE OWNER DOES NOT REMOVE THE
WRECK WITHIN THE DEADLINE OR OWNER NOT CONTACTED IT, AFFECTED STATE MAY REMOVE
THE WRECK UNDER REGISTERED OWNERS EXPENSE
