NAIROBI WRECK REMOVAL CONVENTION

NAIROBI WRECK REMOVAL CONVENTION

WRECK REMOVAL CONVENTION

            THE INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECKS WAS ADOPTED AT NAIROBI, KENYA ON 18^TH MAY 2007 AND KNOWN AS THE NAIROBI INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECK

            INDIA HAS ACCEDED TO THE CONVENTION ON 23^rd MARCH 2011AND THE CONVENTION WILL ENTER IN TO FORCE ON 14^th 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